关键词： 传统司法, 天道, 道德, 善

Abstract: Traditional Chinese judicature has the functions of "relieving","stopping struggle",and "controlling power",which all serve the value goal of "goodness".The value origin of the traditional judicial function is composed of the "moral system" with the core of "goodness" and the basic structure of "natural law-goodness-morality".The moral system is embodied in the concepts of "selflessness","harmony",and "the changed and unchanged",which constrain the concrete operation of justice.In the process of judicial modernization,the beneficial elements of the traditional judicial value centered on "goodness" should be excavated,and the advantages of the judicial operation mode of "emotion,reason and law" should be absorbed.It is of great significance to establish a modern dispute settlement mechanism in accordance with China's national conditions and people's conditions.

Key words: traditional justice, natural law, morality, goodness