负责任创新的法治化:意涵、进程与标准

The Legalization of Responsible Innovation: Meaning, Process and Standards

负责任创新不仅是科技伦理治理要求,还是科技伦理法律治理的重要组成部分。但是,何种科技活动能够称之负责任创新还有待本土法治的回应。负责任创新在宪法上有权利自由与尊重的规范支撑,定位于创新与责任的良性互动,能够作为科技伦理治理法治化的宪治基础。在法治进程中,负责任创新经道德伦理规约形塑、负责任理念制度化和科技伦理法律治理三阶段的演进,能够作为科技伦理法律治理的法原则,发挥法原则的功能价值。在法治标准上,负责任创新有立法上的抽象标准和具体标准;有执法上的管理能力标准、职责与内容标准、程序与实体合法性标准;有司法上的民事非侵害性、合比例性以及法益非侵害性标准,这些标准共同为负责任创新提供判断。

Responsible innovation is not only a ethical governance requirement of science-technology,but also an important component of legal governance of ethics of science-technology. However, determining whichtechnological activities can be called responsible innovation still needs to be addressed by local rule of law.Responsible innovation is supported by constitutional norms of rights, freedom, and respect, and is positioned as a positive interaction between innovation and responsibility, can serve as the constitutional basis for the legalization of ethical governance of science-technology. In the process of rule of law, responsible innovation has evolved through three stages: the shaping of moral and ethical norms, the institutionalization of responsible concepts, and the legal governance of ethics of science-technology, can serve as a principle of the legal governance of ethics of science-technology, and to play the functional value of legal principles. In terms of legal standards, responsible innovation includes abstract and specific standards in legislation. There are standards for law enforcement management capabilities, responsibilities and content, and legitimacy standards for procedures and entities. There are judicial standards for civil non-invasiveness, proportionality, and non-invasiveness of legal interests, which provide criteria for judging responsible innovation.