The legal wisdom of "no litigation"
August 11, 2023 14:19 Source: "China Social Sciences", August 11, 2023, Issue 2711, Issue 2711

If you go to Tongcheng, Anhui Province,I will see a small alley with ancient winds,The three words "Liuxiang Lane" are engraved on the stone monument next to。April 2007,Liuyu Lane is listed as a national 3A tourist attraction,Become a physical logo symbolizing the modest virtue of the Chinese nation,The wisdom of "no litigation" thought behind the behind,It is the Chinese excellent traditional legal and cultural resource that promotes the governance of the current source of the sources。

During the Kangxi reign,A lawsuit case competing for the world here。The plaintiff Ye Xiucai (Some literature records this Xiucai surname Wu),Defendant Zhang Ying。Zhang Ying is the "prime minister",Official to Wenhua Temple University Scholars and Ministry of Li Shangshu。Although the post of prime minister was abolished in the Ming and Qing dynasties,But the university is the biggest official under the emperor,Level is Zhengyi Pin,It is equivalent to the past prime minister in people's minds。The case originally caused the Zhang family to build a house,Type the Ye family in the ground,The fence was built along the roots of the Ye family wall。Ye Xiucai proposed to leave a passage in the middle of the two in order to get in and out,Zhang family thinks,The deeds of their own house stated "to the wall of bet365 live casino games Ye Ye as the boundary",Building a wall by local deed is your own legal right,I will insist on not letting。Seeing that the Zhang family directly built the wall,Ye Xiucai is very angry,Just a paper complaint was sued to Tongcheng County。Zhang family see this,I wrote a letter immediately,Send a servant to Zhang Ying, who is working in Beijing,bet365 best casino games The content of the letter is nothing more than asking him to say hello to the local government。Zhang Ying received a family book,Write a poem as a letter of reply:

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The Great Wall of Wanli is still there today, and Qin Shihuang was not seen that year. 

The meaning of the poem indicates,Zhang Ying's attitude towards this lawsuit is retreat。The owner has instructed,Family's natural photos,Try Ye Xiucai,Say my home is going to dismantle the wall,Retreat three -foot rebuilt。Ye Xiu thought it was teasing him,I don’t believe this is the truth,Until I read Zhang Ying’s personal poem,I only sighed: "A good support in the belly of the prime minister。"The next day,Zhang's family really disassembled the wall,Three feet back。Ye Xiucai is not moved,Demolition of your own wall,Back retreat three feet。This,A hundred meters long between the two、Six -foot wide alley,This is the "six -foot lane" we see now。So,A punch of the legal dispute of laws and litigation disappears,A good virtue of virtue and humility spread from generation to generation。

Interpretation of legal perspective 

According to today's legal knowledge,Disputes in Liuyu Lane belong to the "neighborhood dispute"。According to the rules and cases of the time,The county yield that accepts this case will probably sort out the following three response strategies: the first strategy is waiting for the transfer,Determine whether both parties can reconcile by themselves; China Celebrates internal mediation,persuade the two parties to make one step,Neither offended the Prime Minister,I will not offend Xiucai,Setting is the level; the next policy is judged according to law,How to judge? There are two ways。

First,The Zhang family is legal but unreasonable。Zhangjia's land borders have land leases,The above states: "To the wall of bet365 live casino games Ye Ye as the boundary",Therefore, the Zhang family is close to the leaf home wall to repair the wall,Is a legal act。At that time, the land deed required to pay taxes to the government,The government must build a red seal,It is called "Losing Money Printing",So the ground deed is also called "Red Child",Have legal effect。Based on this, Zhang Jiasheng Prosecution,Adhere to the principle of doing things in accordance with the law。But,It is the most simple truth to leave the past channel between neighbors,No matter how big the law can change and destroy this principle。

2,It is judged that the Ye family has a reasonable but not cost -effective。Two neighbors,Leave a passage in the middle,It is convenient for others,Easy to facilitate yourself,It is a manifestation of good customs。Zhang family is close to the Ye family to repair the wall,Do not leave the passage,Violation of this vulgar。According to the principle of public order and good customs,The Zhang family loses the lawsuit、Ye Jiasheng's lawsuit is also possible。However, Zhang Jiagui is the prime minister,and the Ye family is a talented talent,​​The disparity between the forces of both parties。Because of a small judgment, he "offends in the giant room",I am afraid there will be potential risks。

How to handle the case for the time of the Tongcheng County Order,"Tongcheng County Records" and other related historical materials are not recorded。But from the perspective of the development of the whole case,Zhang family sent the letter to Beijing,Zhang Ying’s reply has also been brought back to Tongcheng,In the era of small farmers without modern transportation,It should consume a lot of time。In this long process,But I didn’t see what the action of Tongcheng County officials,Explain Bet365 app download that he is waiting for。What may make him unexpected is,Zhang Ying is a senior official,But I chose not to play this confident legal battle。

More than a hundred years ago,Famous German jurist Jealin wrote a masterpiece of law- "Fight for Rights",So far, it has deeply affected the legal person in the world,The concept of never retreating in the face of interests。Use this concept to measure,Zhang Ying's choice is simply difficult to understand: Is it a low legal awareness? What are the deep reasons?

Question in the depth of the culture 

Affected by Confucian culture,Chinese ancients formed the legal concept of "no litigation"。The earliest concept of litigation comes from the Book of Changes。"Zhou Yi" "Litigation Sixth" said: "Litigation,You Fu suffocated,Zhongji,End of Fierce。"means that when people encounter disputes,It is best to bear the burden of humiliation,Solution with a mild mediation method,If you have to involve the lawsuit,Try to maintain a peaceful mentality,"Middle",That is not impartial、It's tepid,It is a good sign; if you pursue over,Do not want the lawsuit to the end,or "Fight for Rights" as Ye Lin said,It will become a fierce sign。This "no litigation" thought,In the later history, it developed from three aspects。

The first is to promote it in mind。The Book of Changes will be regarded as a lawsuit,This concept,It was further carried forward with Confucius。"The Analects of Confucius · Yan Yuan": "Zi said:‘ Listen to the lawsuit,My still people also,It must also make no litigation。'"" Listening "is the meaning of the trial,There is a trial method of "Five Listening to Prison" in the Western Zhou Dynasty。Confucius means,Trial civil property case,I am almost the same as others,But my pursuit is to let people do not fight for property disputes。bet365 live casino games Thoughts about this kind of non -respected lawsuit,Yamen at all levels often uses a variety of ways to vigorously promote,If a post notice、Zhang Bangwen, etc.。Some also use the Gate Federation to persuade the people's lawsuit,Among them, the gate couplet in Pingyao County, Shanxi, Qing Dynasty is the most well -known:

Mo Xun Qiu Mo Mo Mo Listen here,Fear effort and money,Just the winner,Don’t get up; 

The official is to be the same as the time, the official,If you are not diligent and accidentally,Evil,Difficult to bully the sky。 

In such a cultural atmosphere,The ancients regarded litigation as a life attitude。Ming Dynasty scientist Xu Guangqi in the "Specup of the Scripture",Concentrated reflects this national character。He said, "A family is not a good family,One country does not dispute is the country's rule,The world is unsatisfactory, it is the world。"" This indisputable personality,reflected in daily life,is the modesty of each other between people,Even today you can see this cultural heritage。For example, when the Chinese are receiving the gifts of others,Always pushing repeatedly。and this indisputable personality,Implementing it in legal life,The concept of dislike lawsuits is formed。

Second, the system is improved。The state advocates no litigation,Is it ignored by civil disputes? Non also。Ancient Society General Tianzhai、Family Wedding、Debt and other small things,called "folk details",Requires the mediation process。Real mediation is not possible,Then go to the government to sue。To improve the success rate of mediation,The state has perfected the system in the system。On the one hand,Civil mediation can use mandatory means。If in the early Ming Dynasty,Establishing "Weng Pavilion",Recommended by the people bet365 best casino games of the hometown, the elderly who are in charge of the elderly in Weiying Pavilion is responsible for the dispute mediation work,and report to the official government for filing。"All the people should have a word litigation,Xu Yuli Li Changzhun received the pivot of the pavilion "。When mediation, you can use bamboo crickets to blame the unreasonable parties,The deterrent of the regulation; through the mediation,The party reached a reconciliation,record "peacebook",Do not regret,Mediation conclusions are binding。On the other hand,The mediation is used as the pre -procedure of the lawsuit。Zhu Yuanzhang has stipulated in the "Teaching People's List",Called "Yuejeje" directly without mediation to the government,The parties want to play sixty boards,"Don't ask the reality,Let's break the rod of people first,Still Sending Lieutenant Old Man Broken "。Only cases that have been mediate and have not solved the problem,can be sued the government government。

Third, guidance in justice。Cases to the government to the government,Cases of cases are mostly solved with mediation,Cultivate the people's consciousness without litigation。Ming Dynasty Zhao Yu Ren Songjiang Emperor,"Multiple litigation of folklore",I am very concerned about the situation of the local people like to fight lawsuits;,Often persuaded patiently: "Come tomorrow, come tomorrow。"The people around him laughed at him to pedantic,It is reported that "Songjiang Taishou will come tomorrow" folk song。As everyone knows, there are some people who come to the lawsuit for the vines,Often gambling。Waiting for him to go home overnight,Most of the Qi will be eliminated; or discouraged by relatives and friends,I won't come the next day。Zhao Yu as a judicial official,The understanding Bet365 lotto review of human nature and psychology is very thorough,So use the strategy of "Tomorrow Tomorrow" to resolve the lawsuit。According to historical records,Zhao Yu has been a prince for fifteen years in Songjiang,Local Political Tongrenhe、From this perspective。From this perspective,Zhao Yu's "Tomorrow Come" is not unprecedented。Life is unsatisfactory,Ten 89,Impossible to do everything。Once you encounter any setback disputes,May wish to talk about it tomorrow,Prevent impulse。

(The author is a professor at the School of Administrative Law, Southwest University of Political Science and Law) 

Editor in charge: Zhang Jing
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