法治是治国理政的基本方式,立法是法治的核心环节,立法现代化是国家治理体系 和治理能力现代化的重要基础。然而,在传统立法模式之下,搜集立法信息的时间长、 成本高,分析和处理立法信息的能力差、效率低,立法全过程反映社情民意和引领社会 发展的效果不够好,立法的科学化水平和民主化程度不够高,导致立法出现被动型、倒 逼型、粗放型样态。立法信息搜集、分析和处理能力已经成为阻滞立法现代化进程的关 键因素。 当今世界,互联网、大数据、人工智能、区块链等新一代信息技术蓬勃发展,呈现 出跨界融合、群智开放、人机协同的趋势。它们在立法领域大有可为,能够真实、及 时、系统、有效汇聚并反馈人民群众的意见信息和行为信息,让人民群众在每一项立法 中实现私域自由和公域民主的智能化保全。但是,目前它们在立法领域的应用范围小、 应用阶段少、应用层级低,立法信息搜集、分析和处理全过程所需的立法互联网生态系 统、立法大数据平台尚未有效构建,立法知识图谱以及立法区块链技术的作用尚未充分 发挥,它们支撑立法现代化的策略与路径亟需理论上给予回应。 本文基于科学理性和法治理性融合的理念,首先,从 “立法现代化”的语义分析出发, 将私域自由和公域民主的智能化保全确定为新一代信息技术融入和支撑现代化立法的目 标;其次,分析了被动型、倒逼型和粗放型的传统立法模式表现形态、痼疾成因,以及 应用新一代信息技术促进现代立法原则优化、促进传统立法模式转向预防型、阶梯型、 精准型立法模式的策略;最后,从立法方法和立法程序两个方面阐述了新一代信息技术 支撑立法现代化的优化方案,以期对立法机关积极、稳妥应用新一代信息技术提高立法 质量和立法效率、提升立法的科学化水平和民主化程度有所助益。
The rule of law is the basic way of governing the country, legislation is the core of the rule of law, and the modernization of legislation is the important foundation of the modernization of the national governance system and governance ability. However, under the traditional legislative model, the time and cost to collect legislative information are long, the ability to analyze and deal with legislative information is poor, and the efficiency is low. The effect to reflect the social situation and public opinion and to lead the social development in the whole process of legislation is not good enough, and the level of scientific and democratic legislation is not high enough, which leads to passive, inverted and cursory legislation. The ability to collect, analyze and process legislative information has become a key factor to block the process of legislative modernization. In today’s world, the Internet, big data, artificial intelligence, blockchain and other new generation of information technology have been booming, showing the trend of cross-border integration, group intelligence opening, and human-computer cooperation. They have great potential in the field of legislation. They can truly, timely, systematically and effectively gather and feed back the opinions and behavior information of the people, so that the people can realize the intelligent preservation of private freedom and public democracy in every legislation. However, at present, their application scope in the field of legislation is narrow, their application stage is few and their application level is low. The legislation Internet Ecosystem and legislation big data platform needed in the whole process of collecting, analyzing and processing legislation information have not been effectively constructed. The role of legislation knowledge map and legislation blockchain technology has not been fully appllied. Their strategies and paths to support the modernization of legislation need urgent consideration on giving response. Based on the concept of the integration of scientific rationality and legal rationality, this paper firstly defines the intelligent preservation of private domain freedom and public domain democracy as the goal of the new generation of information technology integration and support of modern legislation from the semantic analysis of “legislative modernization”; secondly, it analyzes the performance form, chronic causes, and application of the traditional legislative models which are passive, inverted and cursory. The new generation of information technology promotes the optimization of modern legislative principles and the transformation of traditional legislative model to preventive, step-by-step and precise legislative model. Finally, this paper expounds the optimization plan of the new generation of information technology to support legislative modernization from two aspects of legislative methods and legislative procedures, with a view to improve the quality and establish legislation by applying the new generation of information technology actively and steadily to the legislature. The efficiency of law, the scientific level of legislation and the degree of democratization are helpful.