The Significance Of Formal Rationality To The Modernization Of China's Rule Of Law

Law,as a basic standard of modern society,its effectiveness foundation is manifested in two aspects: one is the formal rationality,one is the substantive rationality.These two value choices are complementary in the process of interpretation and application of law,otherwise there are conflicts in specific situations and cases.When the two kinds of value choice conflict,the boundary of the original law will become unintelligible,and the authority of the legal text will be challenged.How to make a choice between the formal rationality and the substantive rationality in the law has become the focus of the debate in the contemporary legal circles.However,due to the differences of historical and cultural between the east and the west and the specific socio-economic situation,the west and China face different disputes and difficulties.This paper will analyze the differences between Chinese and western legal culture to explain the different challenges faced by the formal rationality in the two contexts,and find out the basis of its foothold in the legal system of Chinese characteristics,and demonstrate its irreplaceable role in the process of the modernization of the rule of law in China.