儒家“无讼”思想研究

发布时间：2018-03-18 19:29

本文选题：儒家　切入点：无讼　出处：《西南大学》2009年硕士论文　论文类型：学位论文

【摘要】： 儒家“无讼”思想不仅是中国传统社会中人们对诉讼的一种观念和看法,更是中国传统法伦理的基本取向和价值追求,它体现了中国古代社会所追求的“大道之行,天下为公”的一种理想状态。作为儒家法伦理思想的“无讼”思想来自于孔子的一句话,“听讼,吾犹人也,必也使无讼乎”,孔子的意思是说:我审判案件和别人并没有什么不同,目的都在于通过道德教化来化解纠纷,使人们不在引发争讼,“无讼”正是听讼的目的。该思想的发生、发展和成熟有其深刻的经济、社会、制度和文化根源,对当今人们的法律意识有着重要的影响,也对我国的法治建设起着不可忽视的影响作用。一方面,“无讼”思想过于强调秩序和稳定,使人们的思想在保守中难以发展,弱化了自己的法律意识,形成了“贱讼”、“厌讼”的心理;另一方面。由儒家“无讼”思想所演化的和谐思想及调解制度对当今构建和谐人际关系、和谐社会有着重要的借鉴意义。以“无讼”思想为代表的儒家法伦理思想作为一种宝贵的非物质文化遗产,固然有其弊端,但亦有其重要的积极价值。本文的主旨就在于立足现实,根据实践,对儒家传统“无讼”思想进行客观分析与阐释,揭示其成因,分析其实践路径,对其进行恰当的诠释,合理地引申,赋予时代的内容与形式,把传统的伦理文化融入到当代的伦理建设和法治建设中,为构建和谐社会提供理论资源。本文主要分为三大部分,第一部分总结“无讼”法伦理思想的内涵及其成因分析,以便对该思想有深刻的理解与认识;第二部分探讨“无讼”思想的实践路径及对当今社会的影响;第三部分分析“无讼”思想的哲学价值,取其精华,剔其糟粕,探讨如何实现“无讼”思想价值的现代化转化上,以便更好的为当今社会建设提供理论资源和精神支持。
[Abstract]:The Confucian thought of "no litigation" is not only a kind of concept and view of litigation in Chinese traditional society, but also the basic orientation and value pursuit of Chinese traditional legal ethics, which embodies the "road trip" pursued by ancient Chinese society. A kind of ideal state of the world for the public. As the Confucian legal ethics thought, the thought of "no lawsuit" comes from Confucius' words, "hearing the lawsuit, we Jews also," Confucius meant that there is no difference between my judgment of a case and that of others. The purpose of my trial is to resolve disputes through moral education so that people do not have to initiate litigation. "No lawsuit" is precisely the purpose of hearing a lawsuit. Development and maturity have profound economic, social, institutional and cultural roots, and have an important impact on the legal consciousness of today's people. On the one hand, the idea of "no lawsuit" is too much emphasis on order and stability, which makes it difficult for people to develop their thoughts in conservatism and weakens their own legal consciousness. On the other hand, the harmonious thought and mediation system evolved from the Confucian thought of "no litigation" have formed the psychology of "low litigation" and "weariness of litigation". The harmonious society has the important reference significance. The Confucian legal ethics thought, represented by the "no lawsuit" thought, as a precious intangible cultural heritage, certainly has its drawbacks. But also has its important positive value. The main purpose of this paper is to base on reality, according to the practice, to objectively analyze and explain the Confucian tradition "no lawsuit" thought, to reveal its cause of formation, to analyze its practical path, and to interpret it properly. Reasonably extending, endowing the content and form of the times, integrating the traditional ethical culture into the construction of the contemporary ethics and the rule of law, providing theoretical resources for the construction of a harmonious society. The first part summarizes the connotation and cause of formation of the legal ethics thought of "No lawsuit" in order to have a profound understanding and understanding of the thought, the second part discusses the practical path of the thought of "No lawsuit" and its influence on the society today. The third part analyzes the philosophical value of the thought of "no lawsuit", takes its essence and picks out its dross, and probes into how to realize the modernization transformation of the thought value of "no lawsuit" so as to provide better theoretical resources and spiritual support for the construction of today's society.
【学位授予单位】：西南大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D909.2

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