From Value Origin to Path Exploration in Contemporary Rule of Law Practice

Abstract

The relationship between law and humanities constitutes a core proposition in legal research, as the two share a common value origin while exhibiting complex tensions in practice. From the perspective of "dialectical integration," this paper traces the interactive trajectory of law and humanities in historical evolution, revealing the central role of humanistic spirit as the foundation for the legiti-macy of law, as well as the function of law as an institutional carrier to safe-guard humanistic values. By analyzing the manifestations of their conflicts in China’s contemporary rule of law practice—such as the neglect of individual differences in mechanical justice and the dilution of humanistic warmth in technocratic law enforcement—and combining typical cases in criminal, civil, and administrative fields, this study explores the causes of these conflicts and their resolution mechanisms. It proposes that to achieve integration of law and humanities, it is necessary to embed a humanistic evaluation dimension in leg-islation, cultivate context-based judicial thinking in judicature, and practice the concept of flexible governance in law enforcement, ultimately constructing a socialist rule of law system with Chinese characteristics that combines the ri-gidity of rules and the warmth of humanity.