Social Sciences in China (Chinese Edition)

No. 5, 2025

On the Rules of Rule-of-Law Thinking

(Abstract)

Chen Jinzhao and Li Dejin

Even under a sound institutional and systemic framework, the realization of the rule of law ultimately depends on methodology. Rule-of-law thinking enables the translation of legal governance concepts into operationalized methodologies. The distinction between formal and substantive rule of law gives rise to two corresponding sets of cognitive rules. Formal rule-of-law thinking emphasizes adherence to statutory authority, the application of logical reasoning, semantic precision, systematic legal analysis, and the pursuit of legislative intent. However, where formal approaches prove insufficient, substantive rule-of-law thinking must be introduced. This includes goal-oriented observation and careful distinctions among interpretation, balancing, and legal supplementation. When a dispute can be resolved within the framework of formal rule-of-law thinking, resorting to balancing or supplementation should be avoided. The ultimate aim of rule-of-law thinking remains the pursuit of justice.