Reasons for the Slow Litigation in Ancient China

The idea of aversion to litigation has existed in China since ancient times. As early as the Spring and Autumn Period, Confucius said: "I am still a human being when I hear a lawsuit. I will definitely not go to court!" Confucius hoped that through long-term moral and ethical education and the ruling class setting an example, the litigants would be ashamed of litigation, so as to achieve the harmonious and peaceful ideal of "no lawsuit in the alley and no lawsuit in the court". With the widespread application and supreme position of Confucianism in China after the Han Dynasty, the idea of weariness of litigation has been circulating among ordinary people for a long time and has become the thinking habit of the general public in China. Today, the thought of "aversion to litigation" still has great influence in real life. For example, some people always think that "litigation" is disgraceful; Some people always think that it is better to "roll with the punches", compromise, submit to humiliation, or "settle things privately" than to resort to law when they are violated by illegal acts or when the parties who entered into a contract with them breach the contract. And this kind of psychological state and behavior still exist in large numbers. How did this idea of "aversion to litigation" become a historical accumulation and exist in China's social life for a long time? The author intends to make some shallow analysis. First of all, any institutional framework restricted by ethical principles must have its economic and social roots. Tracing back to the ancient society of China, the creation of all material and spiritual civilizations depended on the mode of agricultural production. China originated from the Yellow River valley since ancient times, and agricultural production is prevalent. So many people are fixed on the land, and because family units are easy to organize production, they pay attention to the family. Agricultural production depends on climate, rainfall and other factors, which are beyond people's control, so it is inevitable to pray to heaven. Therefore, China people have been in harmony with heaven since ancient times, guarding their position and hoping for God's blessing. This attitude makes people pay attention to family life and neighborhood harmony. Therefore, China people are superior to their families, and the cultural influence of western love for Christ is superior to group life. Since ethics is emphasized, social order is also organized on the basis of family ethics. Because of advocating ethics, there is a difference between the upper and lower levels, and there is an order under them. Never make a mistake. Therefore, in ancient society, once a dispute occurs, it is often "adults don't remember the villains", and if they sue, it is "a big rebellion." Once the hierarchical relationship between the superior and the subordinate enters the lawsuit, it is considered to be out of order, and the following people are against morality, and it is often difficult to achieve the purpose of the lawsuit. For this reason, the ancient society of China set up hierarchical restrictions in litigation in order to prevent the corruption of rules. Secondly, families are not limited to small families. People live together by blood and in-laws, so family relationships naturally extend to society. Therefore, society is a big family, such as father, friends, brothers and so on. Therefore, people in China often emphasize affection and emotion, and the relationship between people also depends on emotion. If you take the dispute to court, you will inevitably feel sad and hurt your face, and you will be laughed at by people around you and trap yourself in another way. Therefore, civil litigation is often inaction, and most of them are solved by themselves. This shows that China people are influenced by traditional cultural concepts and have their roots. Secondly, the word "right" we are talking about today is a foreign word, which was introduced into China with the western concept of right. For westerners, he enjoys the right of his own interests, the right to conduct some legitimate and reasonable behaviors, and the right to confront others. Therefore, for individual citizens, education is my right, and if someone interferes, it is an infringement of my right. However, in ancient China society, a person could tell his parents that I wanted to go to school, but never said that I had the right to go to school. The right to go to school comes from parents' efforts and needs to be recognized and recognized by parents. The concept of this "right" is that the right exists only after being recognized by others, not by oneself. Having said that, extending the above-mentioned ethical standards of China's family life, because it advocates "courtesy, faithfulness, benevolence, wisdom and righteousness", there is such a layer of moral obligation between people besides emotional maintenance, and the relationship between people is also manifested as mutual obligation. Therefore, in the ancient legal system, rights were rarely stipulated, only obligations were stipulated, and obligations were standard here. Because individuals often depend on their families and their needs can be met through them, there is no need to put forward private rights. Therefore, the protection of private rights has always been diluted. China people also pay attention to restraint and tolerance, so it is often difficult for things that infringe on "rights" to turn into major disputes or lawsuits. Third, the negative benefits brought by litigation In view of this, there are many reasons why the rights of ancient Chinese people were damaged and they did not resort to litigation channels. It is a bit biased to generalize them just because they are tired of lawsuits and cheap lawsuits. People are born with a rational side. How can they decide whether to sue because of their personal likes and dislikes? Because all kinds of complicated factors often affect their attitude towards disputes, the claim of rights will naturally be influenced by all kinds of ideas and even interests. The attitude of ancient people in China towards litigation is not only cheap litigation, disgust litigation, but also fear litigation, that is, litigation is prevented and avoided by the state through prior adjustment. "China people's cheap litigation, in fact, is not really despise litigation, but fear of litigation. Therefore, cheap litigation is actually a kind of "fear litigation" ... It can even be said that what people really hate is its objective consequences. " Therefore, China people are unwilling to go to court, precisely because of the negative benefits brought by litigation to their lives.