Abstract: There is a new research trend to discuss the rule of law in China by quoting the concepts and theories of “state capacity”. However, when applying them to the study of China’s rule of law, some of the concepts and even the analytical framework should be reviewed and adjusted cautiously in advance. In particular, we should appropriately go beyond the “top-down domination” dimension which may be over highlighted by the “state capacity” theory. The ability of national identity construction can be regarded as a core concept linking the problem of state capacity with the construction of the rule of law. As one of the important parts of state capacity, the ability of national identity construction is not only the basis for maintaining the legitimacy of one certain country’s rule of law to the greatest extent in the era of globalization, but also a lubricant to promote the rule of law in one certain country with minimum cost and high quality.