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Digital technology is quietly changing the structure of society and the country。The top -down national strategy began from the announcement of the "Internet+" action plan announced from the State Council in 2015 to vigorously develop the digital economy under the strategy of online power，Introduced "Network Security Law" (2017)、"Personal Information Protection Law" (2021) and other digital field support legislation。At the same time, digital platforms are directly involved、shaped a new type of social form，The academic circles are always in imported concepts: "algorithm society"。Two combinations，Not only does it create a new type of basic legal relationship structure of network space，and the new appearance of new legal rights and obligations and social power。But，Technical development will not get rid of the existing legal order and create another set of completely independent legal specifications，The way to change the legal order of technological development is not overall replacement，Instead of gradual integration。

Technical development has also significantly changed the status quo of contemporary Chinese legal research。In addition to directly shaping the unknown research field and endless academic hotspots，It also provides more experience research methods for previous social science research methods and doctrine.，A large amount of experience materials (such as public judgment documents on the Internet) show the operation of real world law，You can present the division of experience and doctrine。In addition，Technology also directly promotes the diversion of public law research on personnel and subjects。For constitutional disciplines that have not yet completed the theory，This situation is undoubtedly easy to divert the research situation of basic discipline and basic theory，This may exacerbate the dispute between the two factions.。For the Constitution，Technical development often brings challenges to traditional constitutional theory through reality of reshaping social power and its structure。

　　Review of Contemporary Chinese Constitution Studies

The internal knowledge production structure of contemporary Chinese constitutional studies has special features。The constitutional interpretation mechanism has always lacked the interpretation of the constitutional text，Therefore, the constitutional interpretation of the current constitution by bet365 best casino games the constitutional scholar of the Chinese constitution is not subject to the constraints of the authority.，and the sporadic constitutionalism currently passed the constitutional review)。Lifting before，Constitutional studies often appear idealized for the experience world operation。The localization of doctrine is often accompanied by constitutional doctrine、Explanation technology and even the transplantation of the concept of constitution。So，Methods of how to cut into scientific and technological innovation and development in China at the moment of discussing constitutional studies in China，Its pre -discussion is the research method of the current constitution of China。

There is a very special knowledge phenomenon in the development process of contemporary Chinese constitutional studies，The constitutional theory of the status quo in China is mostly rooted in the face -to -face and response of reform reality。The benign violation of the 1990s，By the beginning of the 21st century, the "standard constitutionalology" worry about maintaining the constitutional norms in the reform environment，10 years that caused various controversies from 2008 "Political Constitutionalology"，After the fifth constitutional amendment of 2018, the rise of the method of avoiding political judgment through "systematic theory"，Must be as good as。

The key disputes of the above discipline are roughly the above discipline，It is also an important stage for the update of Chinese constitutional research methods。The "benign illegal" dispute directly points to the inherent concept of the writing constitution, and the "Reform Constitution" is born.。"The dispute between the two factions"，Political constitutional studies conform to the hidden premise of regulating the constitutional constitutional studies "The Eighty -two Constitution cannot become the" Standard Constitution 'at the moment "，Methods emphasize seeing the political power structure contained in the constitutional text (typical clues such as the realization of the "representative system" in China) and Constitution amendment)。"The dispute between the two factions" post -micro，Constitutionalology uses "systematic" to try social theory steering，The intention is still trying to strip the law and politics as much as possible，Even at the concept level。It is worth mentioning is，It is precisely the development of experience in the development of the law of law，Many excellent empirical studies born on this have opened a new chapter for the continuous debate of social science law and traditional doctrine。Bet365 lotto review At the same time，Out of the constitutionalist's psychological rejection of "social science"，Compared with other departmental law studies，Constitution's acceptance of empirical research is still at a lower level。The current mainstream research method is still concept、Logic or a certain basic right departs，Seeking an interpretation of the constitutional text，Emphasis on the constitutional text has become the psychological foundation and method selection of "constitutional normativeness" in reality。At the same time，Story in the local constitution is still absent、China's constitutional teachings have not yet been born，Most of the specific constitutional doctrine is the product of transplantation and acceptance of the theory transplantation and acceptance of the comparison field。

If we acknowledge that the intersection of technology development and constitutional disciplines will inevitably include constitutional surveys、Experience methods to capture real problems，So I have to mention the constitutional discipline of my country's constitutional discipline and the special historical reasons behind it。Constitution's rejection of "social science" is a very special knowledge phenomenon in the process of reconstruction of the discipline after reform and opening up in my country，This phenomenon originated from the knowledge of excessive ideology of eliminating excessive ideology in the early stages of reform and opening up，It also implies the research position based on the constitutional regulatory reconstruction discipline。At that time，Constitution If it belongs to "Social Science"，It means that the function of recognizing the constitution is only to confirm the established reality。The interesting thing is，The first constitutional textbook published by my country's reform and opening up in 1983，The first sentence still refers to constitutional studies as "social science"，After that, the concept of Soviet -Russian Constitution, which has not been so clear since then -the trek of contemporary Chinese constitutional studies, is also from the beginning of the history of "constitutionalism is social science"。time to this day，This position that opposes the "social science" of constitutional studies still exists，But inadvertently delay the acceptance of the constitutional science on the method of real social science research。

The above research methods are tolerant of constitutional studies、Evaluation and even reasonable guidance of the development of bet365 live casino games technology development，It is unknown at present，But what needs to be sure is，Technical development into a social structure、National Law Order and the negative impact of human life have entered the research field of constitutional scholars，Some scholars have called for alert to "technical non -neutralization、Edge of dignity、Tools of human life and vulgarization of scientific and technological policies "，There are also macro discussions involving the human boundaries and freedom standards involved in virtual time and space。

　　Prerequisites for knowledge transplantation in the field of law and technology

Under the "world trend" of the new generation of scientific and technological revolution，Large -scale knowledge flow may ignore the context of different knowledge at the source and even embedded power structure。At present、Compilation of classic research、Discussion of a single typical case and key referee。where，Lack of attention to the case law or related to the knowledge inertia of the mainland law department，At the same time, it has also been covered by the legislative centerist tendency of the rule of law in my country since the reform and opening up。The following trial two examples。

EU's fundamental structure in recent years is still the fundamental structure of the relevant legislation of the rapid advancement of digital governance.。2022 "Strategic Autonomy" policy is proposed，The EU is striving to become a global digital "third pole"，The institutional potential of becoming a global digital economy and digital governance leader。EU not only accelerates the update and reform of digital governance framework legislation，and there are European Union Courts as key institutions、Super national referee mechanism with the purpose of protecting personal data and maintaining a single digital market。The earliest discussion on the European Data Protection Law can be traced back to the 1980s，sporadic discussion is limited to the domestic law of member states，Typical themes include public data opening and government monitoring and accountability。Data Protection Legislative Legislative Legislative Legislative Legislative Legislative Legislative Legislative Legislative Legal State，Late the European Union for the later EU, the legal tradition of data protection compared with the history of China and the United States。April 2014，The European Union Court ruled that EU Data Store No. 2002/58 Instructions Lisable，This case is based on the "EU Basic Rights Charter" that the instructions involved in the case violate the requirements of privacy protection and data protection，No proportion principle，bet365 Play online games Requirement of large -scale data preservation must conform to the basic rights protection of the European legal order，It also caused the constitutional court of the Constitutional Court of the Member State to announce that the domestic legislative violation of the domestic legislation instructions involved in the case。Since then, the EU Court has made a historic judgment in May 2014 to create the right to forget、2015 Judgment of the EU and the United States Data Security Port Agreement is invalid、2018 "General Data Protection Regulations" (GDPR) officially took effect with the 2020 judgment privacy shield agreement。

New problems caused by technological development，It indicates that the relationship between the ruler and the government of digital technology destruction，Technical innovation also tests that legal evaluation and regulation of these innovation problems，Still requires constitutional referees through constitutional interpretation technology response。Take the Supreme Court of the United States as an example，In 2017, South Dakota V. Wayfair，Inc.) In a case，The Federal Court of Federation solves the question of whether the business terms are prohibited from South Dakota to the Internet retailer in Nandaka.，The state government can tax on Internet business。In the same year, in the CARPENTER v. United states，The court thinks，The law enforcement department collects the location information of the honeycomb base station for a long time as a search based on the fourth amendment，You need to search the order。The focus of the controversy in the Kaytter case is，Whether the fourth amendment is applicable to the Federal Investigation Bureau to obtain the 127 -day cell location information for the robbery。In these two cases, there is a fixed significance of technological progress and a collision of new reality，The Federal Supreme Court has adjusted the scope of the constitution。

　　The real constitutional structure embedded in the current digital governance practice of my country

For China after reform and opening up，Scientific and technological legislation exists before the Internet revolution wave。The 1980s，Comprehensive startup of scientific and technological legislation in my country。After Comrade Deng Xiaoping proposed that "science and technology is the first productive forces"，Especially the 15th National Congress of the Communist Party of China establishes "governing the country according to law，Establishing a country in socialist rule of law ", the strategy of governing the country and the" science and education bet365 best casino games "and" sustainable development "two strategies，my country's scientific and technological legislative work can be fully advanced，But the conceptual system has not yet been shaped。After the 18th National Congress of the Communist Party of China，Internet powerful country strategy formed in practice，Comprehensive update of science and technology legislation，This name is also replaced by numbers and network -related words。

Public governance with digital technology as a means and objects still follow the constitutional structure generated in the reform practice。Although the "82 Constitution" may not be a complete constitution with content，But the practical practice of contemporary China from early to deepening reform，A relatively stable constitutional structure has been formed: in terms of value，At least including national unity、Pursue the rich and strong and protect human rights，Strong economic orientation and local experiments have also proved through practice that it is an indispensable institutional support for reform。Therefore，Construction of a unified digital market has become a new opportunity to stretch the relationship between the central land，The latter is undoubtedly understanding China Reform、Understand a golden thread of the "Reform Constitution"。From this perspective，Digital Revolution still has the aspect of national construction，This is rarely noticed by the current research on the fundamental structure of reform.，is the projection of the digital revolution in the reality to the Chinese Constitution。At the same time，When data becomes a recognized emerging production factors，Digital economy overwhelming policy guidance，It is necessary to exist for the possibility of personal data rights.。

Digital Revolution，Chinese society has experienced the evolution of power paradigms in the public and private sector，Public/National -National -Society of Public/State -Social Public Public Public Power Breakthrough。Relying on large Internet enterprises，Digital platforms not only have economic power of distorted markets，It is often disseminated by dominating information，In the future, you can also initiate social mobilization on specific issues，Even the basic rights of disadvantaged individuals in digital economic relations directly，The most typical example is the labor rights and algorithm gender discrimination。But the status quo does not represent the constitution of the traditional public and private secondary division. At this time, Bet365 app download it has disappeared。For example，All kinds of collection、Treatment、The problem behind the abuse of personal information behavior is not enough to become the regret of the constitution，At least it also means the absence of the constitution。

Conclusion

The practical significance of the research method lies in the general standard of forming academic research，Theoretical significance is，Try to concept、Dialogue and even see the reality of China in addition to the term "inflation"。The character of law is guardian order、Humanities、Pay attention to experience、Promote equality。Facing the challenge of technological development to modern constitution，Disciplinary territory formed for hundreds of years，If our generation is sincere enough，I will believe: At this time, it is the constitutional science with all its ideals，The critical moment for future expansion boundaries。

　(Author Unit: School of Law of Wuhan University)