数字法治的进度与限度

Digital Rule of Law:Its Progress and Limitations

法治是系统工程,法治建设全面推进要采取多元方法,包括数字化方法。数字法治是借助数学原理和计算科技将有关法治因素数字化,更便捷更广泛更即时地传递法治信息,更好地推进法治建设,数字法治本质上是信息法治的升级版。法治的许多方面都可以数字化,也应该数字化,要力求“心中有数”“有法有数”,但法治的属性决定了法治也有许多方面不能数字化,不能“数”说一切、一“数”了之。法治数字化是法治科学化而不是法治虚无化,数字(据)不是法律,算法代替不了法治。数字技术服务法治,必须以规则为基础。数字法治是“数”“理”的内在结合、相得益彰,数字服务于法理,法理统率着数字,不但要法治数字化,而且要数字法治化。数字法治的关键是要让数字(据)说话,特别是正确地说话,说出其中所蕴含和昭示的法理,而不是强“数”夺理、有数无理。但数字化并非万能,也有其不可避免的局限,因此在推动数字化进度的同时也要注意数字化的限度。

The rule of law is a systematic project.To promote the construction of the rule of law comprehensively,we must adopt multiple methods,including the digitalized method.The digital rule of law is to digitize relevant factors of the rule of law with the help of mathematical principles and computing technologies,so as to transmit information concerning the rule of law in a more convenient and widespread way and in real time,and to promote the construction of the rule of law more effectively.The digital rule of law is essentially an upgraded version of the informational rule of law.As many aspects of the rule of law can and should be digitized,we must strive not only to“know about the digits”,but also to“know about the digital rule of law”.However,digits can't always have the final say in all things,nor can everything be digitized.The digitalization of the rule of law is in nature its scientificization rather than its nihilization.Digits or data are not laws,and algorithms cannot replace the rule of law.Digital technologies serve the rule of law and must be rule-based.The digital rule of law is an inherent combination of“digits”and“reasons”that complement each other.Digits serve legal principles,which govern digits in turn.What we need is not only the digitalization of the rule of law,but also the legalization of digits.The key to the digital rule of law is to let digits or data have a say,particularly to have a say in a correct way,telling about the legal principles contained and revealed inside,instead of emphasizing“digits”at the expense of reasons,or letting digits prevail with no reason at all.Nevertheless,digitization is by no means a panacea,and it also has its inevitable limitations.Therefore,while promoting the progress of digitization,we must also pay more attention to its limitations.