随着我国法治建设的推进,法治社会正以前所未有的速度向前发展,法治亦表现出形式法治与实质法治两种基本形态。形式法治的普遍性、一般性保障了法律适用的平等性,但同时也存在着保守、僵硬的缺点,实质法治正是在弥补形式法治不足的基础上发展起来的。实质法治以追求实质正义为目的,在法律适用时更多地是从规则所要实现的目的出发进行考量,因此就不可避免地将诸如道德、政治、舆论等法外因素作为考量的对象,随之而来的是法律适用的标准变得主观和随意。本文通过对法治社会基本特征的分析,认为法治社会更多地体现为一种形式法治,实质法治只是为了弥补形式法治的不足而存在,且主要是在私法领域存在。同时,为保证法律适用的一致性,在适用以追求实质正义为目的的法律规范时必须遵循特定的客观标准和解释原则,以避免法律适用变得主观和随意。 With the advancement of the rule of law in our country, the rule of law society is moving forward at an unprecedented speed. The rule of law also shows two basic forms: form law and substance and rule of law. The universality of formal rule of law generally guarantees the equality of law application, but at the same time it also has the shortcomings of being conservative and rigid. The substantive rule of law is developed on the basis of making up for the deficiency of form and rule of law. Substantive law and order in pursuit of substantive justice for the purpose of the law applicable more from the purpose of the rules set out for consideration, it is inevitable that such as morality, politics, public opinion and other extra-legal factors as the object of consideration, What comes out is that the standard to which the law applies becomes subjective and arbitrary. By analyzing the basic characteristics of a society ruled by law, this article argues that the rule of law society is more embodied as a form of the rule of law. The substantive rule of law exists only to make up for the deficiency of formal law and rule, and exists mainly in the field of private law. At the same time, in order to ensure the consistency of the application of law, certain objective standards and principles of interpretation must be followed in applying the law norm for the pursuit of substantive justice so as to avoid the subjective and arbitrary application of law.