关键词: 理性, 法律理性, 实体理性, 程序理性

Abstract:

The rationalization of law is a constant tradition of Western law civilization since ancient Greece. With the universalization of the justice procedure principle in contemporary legal states and the questioning to the "member parole decay" about post- modern jurisprudence, the substantial logos advocated by the classical school of natural law is returning to a logos at a much higher level after the two challenges which appeared in the end of 19th century and in the second half of 20th century. The Marxist thoughts about the union of free persons and the emancipation of human beings, which is the banner for building our legal system, has deepened the law logos from the other side. The fundamental orientation of China's legal modernization is nothing but the rule of rationalized law, and its essence consists in realizing the rationalization of just procedure by means of setting up basic principles of law logos in the course of building our socialism with Chinese characteristics, thus embodying the great Marxist ideal of free human union and human emancipation.

Key words: rationality, law rationality, substantial rationality, procedural rationality