摘要
Abstract
The promulgation of the Ecological and Environmental Code and the deep embedding of digital technologies in environmental governance have proceeded in tandem,yet the two follow divergent institutional logics.The Code centers on the control of physical en-vironmental elements,whereas digital governance is driven by data.Consequently,this dislocation has accumulated into three institu-tional obstacles in terms of temporal adaptation,governance paradigms,and functional coordination.Specifically,the legal status and rights allocation of environmental data remain unsettled;the validity,accountability,and transparency of algorithmic decision-making lack established rules;and the frameworks for typological regulation,cross-domain coordination,and oversight of digital platforms have yet to take shape.This paper argues that the underlying cause lies in the fact that the principle-based constraints established by the Code have not yet been translated into concrete institutional arrangements for digital technologies,which reflects a deliberate choice of moderate codification rather than a legislative omission.Therefore the remedy lies neither in frequent amendments to the Code nor in enactment of a separate specialized legislation,but in an incremental institutional evolution within the Code's framework,systematizing environmental data rules,proceduralizing algorithmic governance,and standardizing platform regulation.These efforts should be rein-forced by a comprehensive safeguarding mechanism of"digital-green integration"to promote the rule of law for digital ecological civili-zation shifting from instrumental accumulation toward institutional coherence.关键词
《生态环境法典》/数字生态文明/数据要素/算法治理/平台治理Key words
Ecological and Environmental Code/digital ecological civilization/data elements/algorithmic governance/platform gov-ernance分类
社会科学
