中国古代诉讼当事人的主体地位与诉权

中国古代社会是一个"权力本位"的社会,没有明确的权利概念,但并不能由此推论出中国古代法律就不保障权利。就诉讼而言,中国古代诉讼当事人绝非客体,而具有一定的主体地位,并享有多方面的诉权,只是相对于现代人来讲,其主体地位和诉权均不够充分。

The Litigants' Subjective Position and Litigation Rights in Ancient China

Ancient China is a society of "power standard",and has no definite right concept.but from it we can't infer that Chinese ancient law had not protected rights.As far as litigation,the litigants in ancient China were not objects but were subjects.They had held various litigation rights.Indeed,relative to modern,both their subjective position and litigation rights were not enough.