我国传统诉讼文化从清末鸦片战争之后开始出现转型,制度性诉讼文化通过移植、借鉴西方先进的诉讼制度有了长足的发展,但是现代诉讼意识仍只是停留在字面上和少数精英的头脑中,广大民众的传统观念性诉讼文化依旧没有改变,观念性诉讼文化的缺失对近代乃至当代的诉讼现代化有着极其负面的影响。 The traditional litigation culture in our country began to change from the late Opium War to the late Qing Dynasty. The institutional litigation culture developed greatly from the advanced western litigation system through transplantation. However, the modern litigation consciousness still only stays in the minds of literal and elite elites, People’s traditional concept of litigation culture has not changed, and the lack of litigation culture has an extremely negative impact on modernization of modern and contemporary litigation.