诉讼产生于纠纷

有学者认为"诉讼产生于社会冲突"、"诉讼产生于法律事实",我们认为"诉讼产生于纠纷"。冲突不同于纠纷,冲突并不必然导致纠纷的产生。纠纷应当是冲突发生以后的一种状态,是冲突的当事人对冲突发生的原因、冲突导致的结果、应当承担的法律责任等主观认识的争议。发生冲突的当事人对上述问题的认识各执一词,形不成一致看法,因此产生纠纷,因此需要中立的第三方居中裁决。诉讼是国家机关解决纠纷的活动。

Lawsuits Issue from Disputes

Some scholars hold that,"lawsuits issue from social conflicts" and "lawsuits issue from fait juridique," but we believe "lawsuits issue from disputes." Conflicts are different from disputes,as the former may not necessarily causes disputes.The disputes should be a state after the occurrence of the conflicts,and are the controversies in subjective cognition in the parties on the conflicts hold on the reason and result of the conflicts and the legal liabilities for them.As parties in the conflicts stick to ones' own arguments on the cognition of the above issues,different viewpoints come into being forming disputes for the third party to rule.Lawsuit is the activity of state organs to solve the disputes.