This lawsuit culture

薛晨

Abstract：litigation culture refers to people about the law of cognition， evaluation， the sum of mentality， ideology of legal culture. This article mainly from the concept of legal culture， analyzed the characteristics of the litigation culture， the connotation， hierarchy， and litigation culture in our country development present situation and thinking.

Keywords：litigation culture； nationality； group

The concept of a， litigation culture

On the analysis of the litigation culture cannot leave the meaning of the definition of culture， legal culture. Culture， legal culture， legal culture is in three different status level， its connotation is a progressive relationship between related concepts. The life of the law is derived from the culture， the operation of the law must rely on culture， the life of the law and deep culture. On the analysis of the cultural concepts from many scholars， can be summed up in three different cultural conceptions： generalized cultural viewpoint， namely in the process of human social and historical practice created the material wealth and spiritual wealth combined. Special cultural viewpoint， refers to the ideology of the society， as well as the corresponding system and organization. The narrow sense cultural viewpoint， refers to the people to the sum of all perspectives of the nature， society， it is certain social political and economic on the concept of reflection. Accordingly， as the concept of legal culture obviously also have broad and narrow， the narrow sense. General legal culture refers to the sum as a legal phenomenon of human civilization； Legal culture in its narrow sense， refers to the relevant laws of human created in the social practice of the sum of spiritual wealth， the narrow legal culture is refers to the mass of people about the law cognition， evaluation， the sum of mentality， namely the concept of legal culture. Litigation culture， should be referred to as "legal culture" in a strict sense， the traditional legal culture is an important part of traditional legal culture， also reflected the legal culture all aspects of value orientation， controlling， guiding the lawsuit behavior of traditional social state and individual. Litigation culture， refers to by the society of economic basis and political structure， living environment and way of life is decided， and the social economy， politics， life style of great influence， associated with a particular ethnic and age， accumulated in the historical process and procedure law and litigation activities related to the innovation of the mass of cognition， evaluation， a reservoir of behavior， way of thinking， and the system load. Litigation culture not only has the general characteristics of legal culture， but also has its own particularity. Its characteristic performance for the following points.

Second， the characteristics of the lawsuit culture

1， litigation culture is material dependent. Generally speaking， what is the economic base， production condition and way of life， will have what kind of litigation culture， the material conditions of a society and way of life determines the nature of the litigation culture， role， function， performance and so on.

2， litigation culture is abstract. Litigation culture refers to the people of the proceedings of the litigation law， lawsuit system， integral and cognitive evaluation， ideas， opinions， its abstractness decided the internality of litigation culture and uncertainty. Internality refers to the litigation culture is hidden in the concept of people， not the external can be displayed， not directly perceived， it is not directly show the relationship between rights and obligations in the lawsuit. Uncertainty， namely the litigation culture is people spontaneously or consciously formed in practice， cannot be regulated by law. At the same time， the uncertainty of litigation culture and mass and the economic development of a country or region， the degree of civilization， the practice of law and development also has a lot to do.

3， litigation with national culture. Any litigation culture is in a certain country， a nationality， based on specific economic， political environment and legal tradition and soil inoculation and generated. While countries due to continuous exchanges and integration between litigation culture， transplantation， may exhibit strong affinity and convergence， but always can't eradicate the branding of the nationality. Any form of litigation culture has rich history， as a form of culture， is also a continuous process of history.

4， litigation culture has mass. In a country， a nation， each and every one of action can have this or that， can one way or the other way， but these personal attitude and views cannot be called a legal culture. Litigation culture overall， only common psychological attitude held by the public for litigation. We say， a certain country has a "heavy entity light procedure" litigation culture tradition， does not mean that each and every one of the countries are "heavy entity light procedure"， in practice instead of individual is likely to happen.

Three， the analysis of our country litigation culture and thinking

Chinese traditional litigation culture in its long development process of formed its own unique properties and morphology. Because of the effect of Confucian ethics， litigation legislation and judicial practice of the main guiding ideology and reflects the shadow of the Confucian ethics thought. In the process of transition from traditional to modern， also confirmed its own limitations. With the development of economy and social culture， the traditional litigation culture is no longer adapt to the judicial status quo of China， construct the modern litigation culture is imminent. We have been pursuing the modernization of law， the introduction of western legal values， but the conflict between modern and tradition is not the barriers in the development of litigation culture， we study the western advanced law， but neglected the western legal system represents another gradually formed in the history of the ancient tradition of litigation culture. To the understanding of the traditional litigation culture is not to restore or update our traditional law， but to reflect on the past and criticism， to its dregs left its essence， combing dominated their way of thinking out of the deepest values of traditional lawsuit culture. Only insight into the development of national legal culture （including litigation culture） the process of change， can be abandoned in a diverse legal culture in unfavorable factors in the traditional litigation culture and accelerate the modernization of legal culture in our country， to promote and perfect the legal system construction and legal practice in our country， promote the judicial reform， more effectively through the realization of social fairness and justice of law.

References

[1] JiaoChengRong. "litigation culture theory". Social science. 2000.

[2] Li Lin. The double character of Chinese traditional litigation culture. Comparative law research. 2013.