Wang Xi Zinc: The "digital governance" and "rule of law" of the government's construction of the rule of law
August 31, 2022 08:52 Source: "China Social Sciences", August 31, 2022, Issue 2482 Author: Wang Xi Zinc

  

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The development of information technology and its widespread application,It has spawned the "Digital Age"。In this background,The government collects data from individuals and organizations、Treatment and application,Continuously enhances its "data power"。This "data power" and "administrative power" in -depth fusion,promoted "digital rule"。In essence,Numerous governance is an upgrade of governance methods performed by the government through technical empowerment,Its core is still the exercise of public power。In the framework of the rule of law,The exercise of public power shall be included in the legal control system。Whether it is from the logic of the rule of law or the practice of the rule of law,Numerous governance needs to be subject to the rule of law。

In the background of contemporary public governance,Digital rule has shown bet365 live casino games a variety of application scenarios。Monitoring for public safety purposes、Credit supervision targeting the construction of a social credit system、"Crude Supervision" introduced by systemic risk control in the financial field、Preventive supervision、"Code Management" widely used in epidemic prevention and control,All typical forms of the governance。These application scenarios also indicate,Digital rule actually uses data analysis、Portrait、Decision and other technologies to promote the effective realization of the regime can effectively achieve it。

At the standard level,This new public governance technology should be integrated into the rule of law system; but at the technical level,There are obvious tension in the governance and the rule of law。In summary,This tension is manifested in several aspects。First,The rule of law is expressed in natural language;、Algorithm and other artificial languages ​​are expressed as rules。Second,The rule of law emphasizes the guidance of the rules and rules in advance;。third,The rule of law is public、bet365 Play online games Participate、Understanding procedure rules rationally restrict the behavior; the internal rule、Machine calculation as the basis for behavior,Therefore, facing the "algorithm black box" problem。Fourth,The rule of law emphasizes the "attribution" of the subject of power;。Fifth,The rule of law emphasizes the review and dispute resolution represented by the judge and the judicial system; the governance relies on professional and technical personnel to judge and evaluate technical issues。These tensions between the governance and the rule of law,How to alleviate it in the current construction of Bet365 lotto review the "digital rule of law",Is a major legal theory and practical problem。Digital rule of law government is a combination of "digital governance" and "rule of law"。The former is a tool for information technology and data technology as "government empowerment",The technical means and tool value of the main focus on governance; the latter is the standard and value framework set on the government's administrative power,The purpose is to restrict the exercise of power and rationalize the specifications,Therefore, it is both a tool system,bet365 best casino games It is also a value system。

In fact,Digital governance and the rule of law are two compatible governance systems。Digital rule is mainly a governance technology system,and the rule of law is the dual composite system of tools and values。But there are also technology and value in the two、Tension between means and purpose。The impact of the rule of law,It is mainly manifested by the former's impact on the "tool system" in the rule of law system。The power and responsibility system exercised as the exercise of administrative power、Program participation、Reason、Public System、Administrative accountability system,In the background of the Catalog, the impact from digital technology will be suffered; CNC as a "self-reference" feature。These characteristics of Cricile are easy to conflict with the rule of law。But the impact of the rule of law,The "value system" of the rule of law will not be subverted。In the era of digitalization,Popular power operation in the rule of law、Justice、Performance of rational exercise,Guarantee of individual rights、Equivalence of constraints on power,Should still be adhered Bet365 lotto review to。This means,Facing the tension between the governance and the rule of law,The corresponding "tool transformation" should be performed on the tool system of the rule of law,and through the tool transformation of the rule of law system to realize the value function of the rule of law in the era of digitalization。For example,Data -driven data is required; correspondingly,You can collect data through the rule of law、Treatment、Sharing、Application、Responsibility、Relief and other links to specify,Incorporate it into the framework of the rule of law。Similar,Algorithm black box faced by automated administrative decisions、Algorithm understandability and other problems,can also be solved by the legal regulations of "algorithms"。The tension between the governance and the rule of law,can be reconciled on the path of "Coordinated Evolution" in systematic theory。The relationship between the two,It should not be the rewriting or reconstruction of the rule of law for the rule of law,Instead of the collaborative evolution of the rule of law system and CNC technology,Continuously developing and improving Bet365 lotto review the "digital rule of law system"。In fact,In contemporary society that has continued to grow in the application of CNC technology,On the one hand, we should adhere to the value system of the rule of law,On the other hand, we should also embrace the tool system of the rule of law and improve the rule of law。Current,Digital rule of law that has been continuously developed in the research and practice of the rule of law in my country、Digital Law、The concept of the Government of Digitalized the rule of law,All can be explained in the analysis framework of the rule of law -rule of law。

Editor in charge: Changchang
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