法律史学家们普遍认为中国人具有“厌诉”的传统心理,并把低诉讼率的原因归结于此。也有的学者把诸如此类的现象同法治进程联想在一起,认为“厌诉”和低诉讼率都是法治现代化落后的重要表现。本文主要通过对私法契约自由的原则以及诉讼的私人成本和追求诉讼结果的公平与否来证成“厌诉”的正当性和合理性。 Legal historians generally believe that Chinese people have a “resentment” traditional psychology, and attributed the low litigation rate to this. Some scholars even associate such phenomena with the process of the rule of law, believing that both “resentment” and “low litigation rate” are important manifestations of the backwardness of the rule of law. This paper proves the legitimacy and rationality of “resentment” mainly through the principle of freedom of private law contract, the private cost of litigation and the fairness of pursuing litigation results.