The theoretical foundation of China's legal system is rooted in a system-oriented legal material dominated by formal rationality. However, for the legal system, substantive rational factors such as purpose, interest, function, and value are becoming increasingly important. Thus, there is an urgent need to address the structural issues currently faced by China's legal system through the reconstruction of the legal system. First, before constructing the legal system, it is crucial to clarify that the "materials" to be constructed include not only legal rules and principles primarily guided by legislation but also other components. Any material that meets the three standards of normative characteristics, well-defined factual elements as a common normative scope, and general purposiveness can potentially become part of the legal system. This also demonstrates, from a systemic perspective, the openness of the legal system. Second, these legal materials should be categorized according to sound standards to form the "external system" of the law. Finally, we find that these legal materials exhibit internal argumentative relationships, which we refer to as the "internal" system of the law. This internal system represents the normative interrelations between various legal materials in terms of the content of principles.
Lou et al. (Fri,) studied this question.