传统中国厌讼文化考

传统中国的“厌讼”现象及其原因作为一个法学、文化学问题已经被学界关注多年。但不知应遗憾还是欣慰的是,学界在这个问题上取得了比较一致的看法,即“厌讼”心理的存在是“厌讼”现象的关键原因。然而,如果我们放弃用当今理论或术语去剪裁古典社会的做法时,我们却发现了一种别样的情形首先,传统中国虽然存在几乎不到官衙解决纠纷的现象,但却可能不存在今人所谓的“厌讼”现象;其次,传统中国民众之所以不到官衙诉讼,其原因也是多方面的,而非部分学者所说的那样单一。

On the Lawsuit-Weariness Culture in Ancient China

The lawsuit-weary culture in ancient China has been studied for a long time. In general, most scholars have reached a consensus on this question, i.e. there is a lawsuit-weary culture in ancient China and the hatred of lawsuits is the key underlying reason. However, we would find something different if we tried a new perspective by giving up current theories or terms, and then we may come to the conclusions that there is no lawsuit-weary phenomenon in ancient China, and that the reasons why ancient Chinese did not go to a yamen to setlle disputes are also diversified instead of being unitary as claimed by some scholars.