The substantive conception of rule of law is a mainstream viewpoint prevalent in the Chinese academic community.However,it has been deeply criticized by proponents of the formal conception of rule of law due to its theoretical inconsistency and obscureness.It is entirely possible to defend the substantive conception of rule of law.To take the substantive conception seriously,it is necessary to respond to two typical criticisms made by proponents of the formal conception:the first criticism is about the"redundancy"of the substantive conception,and the other is the paradox of"the opposite of the rule of law"caused by the substantive conception.These two criticisms of the formal conception not only stems from a simplified understanding and even misunderstanding of the substantive conception,but also from the theoretical shortcomings of the substantive conception.Fur-ther theoretical construction is needed for the substantive conception.On the one hand,we need to truly understand the relationship between the substantive value and formal conditions in the substan-tive conception of rule of law.On the other hand,there also should be a qualification theory for the substantive conception to classify and examine the substantive values,as not all values should be in-cluded in the substantive conception of rule of law.
Formal Conception of Rule of LawSubstantive Conception of Rule of LawQuali-fication Theory
万方数据
维普
