通过界定权利意识和诉讼意识的概念,指出纠纷发生后,当事人为谋求纠纷的实质性解决,倾向于援引规范作为他们说服的根据,从而使纠纷衍化权利纠纷,权利纠纷使当事人具备权利意识。此后当事人经过对成本的权衡,并得到国家诉讼政策的允许,选择进行诉讼,将权利意识转化为诉讼意识。结论认为,诉讼意识范畴小于权利意识范畴,具有权利意识的纠纷当事者并不必然选择诉讼作为其权利实现的手段。因此,国家所要做的,就是为当事人之间适于通过审判解决的纠纷提供便利,使其接近司法、接近正义。 By defining the concept of right awareness and litigation consciousness, it points out that after the dispute arises, the parties tend to cite the norm as the basis for their persuasion in order to seek a substantive solution to the dispute so as to make the disputes of the right and the right of the dispute have the rights awareness. After that, the parties, after weighing the costs and being allowed by the state litigation policy, chose to proceed with the litigation and turned the awareness of rights into litigation awareness. The conclusion is that litigation awareness category is less than rights awareness category, and those with rights awareness do not necessarily choose litigation as a means to realize their rights. Therefore, what the state needs to do is to facilitate the dispute between the parties that is suitable for the resolution of the trial, bring it closer to the judiciary and approach justice.