Research On The Relationship Between Form Of The Rule Of Law And Substantive Of The Rule Of Law

The rule of law is very important, but it has never been accurately defined, also can notbe arbitrarily defined. When we measuring the rule of law is right or not, we usually divide itinto formal rule of law and the substantial rule of law. The formal rule of law is regarded asthe external program. It must be highlighted. We usually pay attention to the legal form andthe tool meaning as well as the importance of science and empirical of law. The form of therule of law believes that the society is dominated by law, rather than human, and from thelegal point of view on that the rule of law is a "true law". As long as laws are strictly enforced,then the rule of law is realized. The substantive rule of law focuses on the law content and itsvalues, it considers the society needs law, then the law shall be right, not unnecessary.Therefore, the law should not only comply with legal form, but also to make the legal systemcan effectively restrict the rights and protection of rights. It is based on a social macroscopicalpoints and to prove that" whichever the law our society needs is the real rule of law. Theformal rule of law and substantial law have distinction and connection at the same time,which seems like contradictory but actually are combination of the unity of opposites. Theirinherent contradictions are: On one hand, the rule of law need laws to stabilize and support,according to this, we organize and arrange the daily life of people. On the other hand, the ruleof law and legal adjust people living, at the same time, it needs a certain degree of flexibilityand value. Thus it can adapt the changing of society in public perceptions.This essay consists of preface and five parts, combine theory with practice to extractconnotations and relationships. The first part, mainly studies the legal definition and history.First of all, through the logical relationships of the rule of law with the other related concepts,we can draw a conclusion that the rule of law is important. Secondly, based on various periodsof scholars on the definition of the rule of law at all times and in all countries we divided ruleof law into the form of the rule of law and substantial law. The second part mainly analyzesthe concept of formal rule of law and its characteristics. Understanding the concept of formalrule of law, we further analysis characteristics of the form of the rule of law. The third partmainly talks about the substantive rule of law theory. From the substantial of the concept ofrule of law, we can further analysis of the main features of the substantial law. The fourth partmainly studies the relationships of the formal rule of law and the substantial rule of law,proceeding with the differences and the relations. The formal law and substantial law isdialectical unification. Substantive rule of law decided the form the rule of law, the form ofthe rule of law restricts the substantive rule of law. The fifth part, mainly discusses the formalrule of law and substantial law share the relationships of dialectical unity to enlightenment our country construction.