Traditional Culture Encyclopedia - Traditional culture - Why did ancient people like to ask for nothing?
Why did ancient people like to ask for nothing?
In ancient times, in the settlement of disputes, the pursuit was always to seek forgiveness without litigation. Its cultural roots are Confucian harmonious ethics and the golden mean. The inscription of "Song of Resistance to Litigation" in Qufu Confucius Temple shows that this culture is essentially against conflict and confrontation. Confucius in The Analects of Confucius? Yan Yuan said, "Listen, I'm still a human being. I don't complain!" Advocate "litigation" and "litigation". I ching? Litigation ",said," v, v, smothering. With luck, it will be fierce in the end. ..... It's not enough just to sue. "In the eyes of the ancients, litigation is a dangerous thing. Even if it wins, it is not commendable. Therefore, we advocate "respecting the clan and the village, avoiding litigation", handling disputes with "affection, courtesy and reason", and realizing the harmonious realm of "man ruling the land, land ruling the heaven, heaven ruling the Tao, and Taoism ruling the nature". Zheng Zhongying, a scholar in China, believes that the power of "modernity" comes from "tradition", but the power of tradition is often stronger. The inheritance of culture cannot be cut off. As President Hu Jintao pointed out in his speech at Yale University, "The unique cultural tradition formed by the Chinese nation in the long historical development has deeply influenced ancient China and contemporary China. "In contemporary China, despite the rapid development of industrialization, urbanization and defamiliarization, the reality of 800 million rural people tells us that the acquaintance society of" looking down but not looking up "is still an important way of life for China people in the 2 1 century, and the tradition of" attaching importance to monks "still has a profound social foundation. After many disputes, especially in rural areas and small towns, people often consciously or unconsciously resolve conflicts according to folk customs and avoid lawsuits. Folk rule of law still plays an important role. As a grass-roots judge, the author has a deep understanding that although many disputes are brought to court, their purpose is not to obtain the verdict in black and white, but more out of trust in judicial authority, hoping to promote reconciliation through the help of litigation platform and court as an intermediary. Law is embedded in tradition, and the process of rule of law itself contains the inheritance and inheritance of ideas. As an open dispute resolution mechanism, ADR attached to the court is an important purpose to coordinate the conflict between state law and folk law. By recognizing the reconciliation and mediation agreement that conforms to reason, morality and folk customs, and does not violate public order and good customs and the prohibition of laws, it provides space for the autonomy of folk law within the framework of national laws, so that members of society can avoid confrontational judgment results as much as possible. It embodies the democracy of judicature, and its tolerance and trust in folk rationality and people's autonomy undoubtedly fits the original litigation cultural context of China.
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