Abstract: Non-litigation is the ultimate goal of Confucianism to resolve social conflicts and disputes, and a practical plan to realize the "way of the Great Learning". Confucianism provides two ways of resolving disputes, namely "virtue-based settlement of litigation" and "virtue-based settlement of disputes", with the aim to achieve the resolution of cases, the conclusion of matters, and harmony among the parties. Through the principle of non-litigation relationship embodied in "Zhiben (understanding the root)", Confucius, Master Kang and Zilu respectively put forward three modes of dispute resolution in traditional Chinese society, highlighting the value of non-litigation as an ideal type. The non-litigation relationship reveals the theoretical assumptions of the Chinese sages about what personal relationships should be, presupposing that the essential attribute of human beings is human morality and that human beings and others are in a relationship of coexistence and symbiosis. The Chinese nation's view of non-litigation is the demonstration and practice of the Chinese nation's view of the universe, the world, society and morality, and profoundly embodies the value concept and discourse logic of ending litigation, non-litigation and pursuing harmony. Different from the anti-litigation culture which includes the concepts of dreading litigation, belittling litigation, disliking litigation, and disdaining litigation, non-litigation expresses the peaceful nature of Chinese civilization and is one of the representative forms of civilization with the excellent legal culture genes of ancient China. As an analytic method of the ideal type, the non-litigation relationship is a harmonious and symbiotic rationality of relationship, which shows a harmonious and rational structure of practice, cooperation, and peace. The new acquaintance relationship developed by the non-litigation relationship negates the Hobbesian enemy relationship, transcends the Lockean confrontational competition relationship, and embodies the social foundation of a community with a shared future for mankind. Based on the concept of non-litigation human relations, the Chinese nation's view of non-litigation is conducive to elevating the international dispute settlement system and mechanism to a new level, promoting the development of world peace, and creating a new form of human civilization.

Key Words: civilization; the Chinese nation's view of non-litigation; non-litigation relationship; reconciliation rationality; peace for mankind

Author: He Hairen, research fellow, CASS Institute of Law; doctoral supervisor, Law School of the University of CASS;

Source: 2 (2025) Political Science and Law.