江西古代“尚讼”习俗浅析

有关江西古代“尚讼”的说法由来已久。江西古代尚讼既有纠缠不已、久讼不决的一面 ,也有依据法理和程序不断进行合理申诉的一面。我国古代对尚讼目之为恶习 ,对它负面的价值判断几乎深入人心。但深入分析 ,在当时的历史背景下 ,江西古代“尚讼”有其存在的社会基础

A Shallow Analysis of the Custom of Preferring Taking Lawsuits in Ancient Jiangxi

The statement is of long standing that there was a custom of preferring taking lawsuits in the ancient Jiangxi.The development of social economy and the complexity of private property relations were the physical prerequisite of the custom. The corruption of local authorities and officials and the disintegration of all walks of life were the rich soil for the custom. The tradition that the general public upheld moral integrity and justice, and paraded their indignation and strove to outshine others was the widely accepted social psychological identity for lawsuits to multiply. That the general public dared to openly defend their own private property and personal rights was vilified as preferring lodging lawsuits, which was a consistent trick the feudal autocracy used to oppress public opinion. Thus the custom was characterized by being still inconclusive after a long time of legal proceeding on the one hand, and it was characterized by continuously appealing according to legal principles and procedures on the other hand. Preferring taking lawsuits was regarded as a bad practice in the ancient China and the negative evaluation of it was almost deeply rooted in people's hearts.