科技伦理治理法治化的现实困境与规范建构——以科技发展与科技伦理的相互关系为切入点

The Realistic Dilemma and Normative Construction of the Legalization of Ethical Governance of Science and Technology:Taking the Relationship Between the Development and the Ethics of Science and Technology as the Starting Point

法治化是科技伦理治理的重要途径与关键保障。目前科技伦理治理的法治化面临三重现实困境,首先反映在科技发展与科技伦理之间本身存在某些紧张关系,由此反射到法治层面,则对法治带来了众多外部冲击。而后,如何调适这些紧张关系也对法治提出了更高要求。现实困境的叠加使得科技伦理治理的法治供给显得薄弱与滞后。为此,在规范建构上,一是针对科技发展与科技伦理内在紧张关系明确规范前提,即正确认识两者的相互关系。二是通过全面的规范路径逐一回应两者相互关系带来的对法治的外部冲击。三是通过一种更高层次的视角建立以互动为核心的规范保障,在体系层面满足两者相互关系对法治提出的更高要求,由此形成“法治供给有力—伦理治理有效—科技发展有序”的良性传导机制。

Legalization is an important way and a key guarantee for the ethical governance of science and technology.At present,the legalization of ethical gov-ernance of science and technology faces three realistic dilemmas.First,there are some tensions between the development and the ethics of science and technolo-gy.And it has brought many external shocks to the rule of law.Afer that,the adjustment of these tensions also puts forward higher requirements for the rule of law.The superposition of realistic dilemma makes the legal supply of ethical governance of science and technology weak and backward.Therefore,in terms of normative construction,the first is to specify the normative premise for the internal tension between the development and the ethics of science and technology.That is,correctly understand their relationships.The second is to respond to the external shocks on the rule of law brought by their complex relationship one by one through a comprehensive normative path.The third is to establish a normative guarantee with interaction as the core through a higher perspective,and meet the higher requirements put forward by the relationship between the two for the rule of law at the system level.Thus,a benign transmission mechanism has been formed,which includes a strong supply of rule of law,effective ethical governance,and orderly development of science and technology.