In the patriarchal clan, there was an ascribed and fixed subordinate relationship of the individual. Ancient Chinese litigation was under the control of the patriarchal clan system and family members didn＇t have the awareness of the right to maintain their own interests and didn＇t have the inner trend towards litigation either. However, the Song Dynasty is a stage when the old clan polities collapsed but the new clan discipline and regulations weren＇t formed. The weakening of clan organization in Song Dynasty made the clan lack effective binding force to its clansmen and so civil disputes happened between clansmen, for the most part, bypassed the clan organizations and were solved through lawsuit directly.%在宗法家族中个人对父权制的家族存在着一种先赋的、固定不变的隶属关系。中国古代诉讼受宗法家族制度的制约，家族成员既无维护自身利益的权利意识，也无进行诉讼行为的内心倾向。然宋代正处于旧的宗族政治瓦解，新的宗族政治、家法族规尚未形成的阶段。宋代家族组织的弱化使宗族对族众缺乏有效的约束力，族众之间发生的民事纠纷也大多绕过宗族组织直接以诉讼的方式解决。
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