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From the point of view of the \

Author: YaoCaiJie
Tutor: MengZe
School: Central South University
Course: Comparative Literature and World Literature
Keywords: non-suit literature snow in summer
CLC: I207.3
Type: Master's thesis
Year: 2008
Downloads: 133
Quote: 0
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Abstract


"Non-suit" is a legal concept in Chinese traditional law culture. It mainly refers to mediation system in civil disputes, and was common in ancient times. Generally, it had to do with the morality and etiquette of lawsuits in feudal China. It helped to bring down social costs and mental pressure by reducing the number of suits. Popularization of law has never been happened and the few people who knew it were mainly officers in feudal society. If a lawsuit happened, the mediation system led to two results. One was withdrawal of the suit, and another was a court decision which fitted to moral rules. It was considered a shame for people to have a controversy of their civil dispute in court because of the stress it would put on the disputants personal relationship, as well as on other interested parties. Family usually played an important role in settling such cases during the 5000 years of Chinese culture.Literary works are usually branded by daily life. The values of "non-suit" are conveyed in the works of many writers. Generally, these are two-fold: one is that the resolution of a dispute is moral and the two sides should be satisfied with the result, such that nobody wants to make it into a lawsuit. Another is that for civil disputes, ancient Chinese law is quite different from the modern, working almost in a converse direction. The procedure and the essence are demolishing litigation, the aim is non-suit.In the classical Chinese tragic drama "Snow in summer", idea and logic of non-suit is integral to the plot and structure. The motivation, the action, the conclusion of roles, the dramatic conflicts and solutions are affected by the idea of non-suit.The non-suit orientation, and dramatic conflicts based on it in "Snow in summer", are common in Yuan Zaju and reflect social life of that period. If we link it with literature and culture, we get the conclusion that non-suit is not only a life method but also Chinese culture. It is especially a part of Han culture, and it showed the Confucian view of Li Yue ruled and established Chinese traditional society, and how it affected and determined the conflict model and emotions of Chinese ancient drama.

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