虽然距今已2000多年,但亚里士多德对法治的定义——“法治应包含两层意义:已成立的法律获得普遍的服从,而大家所服从的法律又应该本身是制订得良好的法律”~①——仍极具启示。这条定义中“服从法律”和“良好法律”的措辞暗含形式法治与实质法治的分野和对峙。~②这种二元论亦体现在中国宪法中,构成社会主义法治国家的独特规范结构。这种二元规范结构源于法治国原则在我国确立的独特历史过程。 Although more than 2,000 years ago, Aristotle’s definition of the rule of law - “The rule of law should have two levels of meaning: the laws that have been established have universal obedience and the laws that everyone submits should themselves be well-formulated The law ”~ ① - still very enlightenment. The wording of “obeying the law” and “good law” in this definition implies the distinction and confrontation between the rule of law in the form and the substantive rule of law. This dualism is also reflected in the unique normative structure of the Chinese constitution that constitutes a socialist country under the rule of law. This binary normative structure stems from the unique historical process established in our country by the principle of rule of law.