数字法治政府建设:法理内涵、核心问题与实现路径

Construction of Law-Based Digital Government:Its Connotation,Core Issues and Realization Paths

法政策层面,数字法治政府已经明确成为现代政府治理的发展目标,但是其建构路径等具体制度内容,尚未得以明确。理论层面,数字法治政府的内涵不仅在于实现数字政府的法治化和法治政府的数字化,更在于推动数字政府和法治政府的深度融合。现实层面,尽管我国在法治保障和数字赋能领域积累了一定的制度资源和实践经验,但是当前仍然存在目标异化、数据共享不畅和安全风险泛化、数字技术与法治建设融合滞碍等困境。为契合数字法治政府的法理内涵,应当从发展目标、优化数据生态治理、数字和法治融合三个层面解决前述问题。坚守数字法治价值是确保数字法治政府建设保持正确发展方向的必要前提。促进数据开放共享并以法治保障数据安全,是助推数字法治政府建设基础性资源被有效利用的内在要求。加强数字政府建设的法治保障和法治政府建设的技术供给,是促进数字技术与法治建设充分融合的应有之义。

At the level of law and policy,the construction of law-based digital government has clearly become the goal of modern governance,but the specific institutional stipulations about its construction paths have not yet been clarified.At the theoretical level,the connotation of law-based digital government is not only to realize the rule of law for digital government and the digitalization for law-based government,but also to promote the deep integration of digital government and law-based government.At the practical level,although China has accumulated certain institutional resources and practical experience in the fields of the rule of law and digital empowerment,there are still dilemmas such as alienation of goals,poor data sharing and generalization of security risks,as well as stagnation in the integration of digital technology and law-based concepts.In order to realize the jurisprudential connotation of law-based digital government,the aforementioned problems should be addressed from three aspects:development goals,improvement of basic elements,and integration of digitalization and the rule of law.Adherence to the value of digitalization and rule of law is a necessary precondition to ensure that the construction of law-based digital government develops in the right direction.Promoting data openness and sharing and guaranteeing data security by the rule of law is an inherent requirement to promote the effective use of the fundamental resources during the construction of law-based digital government.Strengthening the rule of law in the construction of digital government and the technological support in the construction of law-based government is the proper way to promote the full integration of digital technology and law-based construction.