重庆大学学报（社会科学版）2023，Vol.29Issue(6)：246-257,12.DOI:10.11835/j.issn.1008-5831.fx.2022.09.004
论技术赋能背景下的环境法法典化
On the codification of environmental law under the background of technological empowerment:Towards an intelligent environmental code
摘要
Abstract
With the deepening of the application of new information technologies such as big data,artificial intelligence,remote sensing and telemetry in environmental supervision practice,technological empowerment has become an important way to carry out environmental governance at present and in the future,and it has also become the background of environmental law codification.However,technology empowerment not only improves the efficiency of environmental governance,but also challenges the existing paradigm of environmental law.First,the intervention of new information technology in environmental practice leads to new injustices,which challenges both substantive environmental justice and procedural environmental justice.Second,the environmental legal rules lag behind the governance requirements,because in the environmental legal regulation scene,the algorithm program dominated by technical codes can become the environmental legal rules at the actual level,which will lead to the imbalance of rights and obligations.Third,the extensive use of emerging information technology in the process of environmental supervision may lead to risks such as data distortion,algorithm bias and regulatory capture,which affect the effectiveness of environmental regulatory departments in the process of decision-making,supervision,management and implementation.With the compilation of environmental code on the agenda,how to balance the risks and benefits of technological empowerment has become an urgent problem to be solved.Because technological empowerment environmental governance breaks through the existing environmental law paradigm,there appears the phenomenon of de-artificial environmental governance scene and on-line environmental legal regulation,which means that technology has become an intervening factor in the field of environmental governance and environmental legal regulation.As a result,the practice of environmental governance is faced with the situation of detachment of social system and regulation system.It can be seen that in the era of big data,we should not only pay attention to the specific issues such as the text structure and normative system of the compilation of the environmental code,but also provide theoretical support for the study of the future pattern of the environmental code based on the needs of the paradigm transformation of environmental law.Therefore,the codification of environmental law under the background of technological empowerment should ensure governance efficiency while disenchanting technical risks,and gradually move towards an intelligent environmental code.First,it is necessary to shape the concept of a new environmental code and reconstruct the relationship between environmental law and emerging information technology,so as to respond to the impact of technology empowerment on traditional environmental justice,and then form a common value that can be accepted by the environmental law community,to realize digital environmental justice.Second,we should transform environmental legal rules combined with emerging information technology,realize the communication between environmental legal rules and technical codes,and innovate the form of environmental legal rules on this basis.Third,the intelligent environmental code should pay attention to risk prevention,achieve a balance between risk and income,and use emerging information technology to establish an intelligent environmental risk prevention mechanism to improve the efficiency of environmental risk prevention and control in advance,during and after the event.关键词
技术赋能/环境治理/法典化/智慧型环境法典Key words
technological empowerment/environmental governance/codification/intelligent environmental code分类
社会科学引用本文复制引用
黎梦兵..论技术赋能背景下的环境法法典化[J].重庆大学学报（社会科学版）,2023,29(6):246-257,12.基金项目
湖南省社会科学基金青年项目"人工智能技术赋能环境治理的法律机制研究"(22YBQ057) （22YBQ057）
湖南省教育厅科学研究项目"技术赋能背景下环境法律规制方式的创新研究"(22B0332) （22B0332）
