The design of modern rule of law is discussed in the context of China's practices. In this context， the modern rule of law， a type based on modern values such as freedom， equality and human rights， is hampered by traditions. The entanglement of the modern rule of law and the traditions has become a significant consideration for China in constructing its rule of law system. In China's practices of rule of law， the tradition and modern rule of law show a complex relationship of mutual affection. Therefore， it has become an important theoretical problem concerning how to handle the complex relationship and on this basis design the rule of law， thereby putting forward some principles for action fit for the practical character of China's rule of law. Solutions to this problem will not only help people set up a rational concept in their minds， but shape the rule of law practices in reality. To solve this problem， the first thing to make sure is the basic stand in solving the problem. The structural theory used to take a contemptuous and subjective stand against the tradition. In contrast， the Chinese practical school of rule of law proposes a theory of practices， which provides a theoretical dimension to face squarely the complicated relations between tradition and modernity， and enables the construction of a real rule of law theory of China's own.  Rather than historical texts existing in the past， the tradition is a flowing culture. It has been controlling people's way of thinking and action and now still plays an important role in China's practices of rule of law. The modern design of rule of law must face the tradition directly and must not get away from the basic dimension of the tradition. The tradition is an internal element in the practices of rule of law， and its role is irreplaceable in the construction of the modern rule of law system. People used to divide the tradition into the essence and the gross， both of which， however， compose the context for the modern design of rule of law. The tradition will affect the modern rule of law in a natural way， whether positively or negatively. But the rule of law designers can take a positive stand in the mutual affections between the tradition and the modernity， and gradually realize their integration in real actions through rational judgment and argument． The entanglement of the tradition and modern rule of law is inevitable in China's practices of rule of law， and their final integration is the inherent logic order of the rule of law practices. The integration of the tradition and modern rule of law happens in practices. It is not only a natural process， but is also infiltrated with the intention of the practical subject. In practices， the tradition and modern rule of law are integrated and coordinated|meanwhile， they are playing a game and competing with each other. This is the logic of practices. The practice of rule of law has its own ways， but it is not simply a development of necessity， but rather， a development filled with contingency， fracture and arbitrariness. The tradition exists powerfully in this process. Together with such elements as contingency， it is constructing the basic features of China's rule of law practices. In the design of the modern rule of law， the significance of the diversified elements in practical context must be considered seriously. Contingency plays a great role in the practice of rule of law and to treat it carefully is an inherent requirement of the logic of the rule of law practice. The practical orientation of the rule of law reflects the practical wisdom of dialectics， which is an important dimension in constructing Chinese practical school of the rule of law. 