The rule of law cannot be absent from the rule of law in the governance of science and technology et

At present, human society is in the era of rapid technological progress. A series of emerging technologies such as artificial intelligence, big data, and genetic technology, while bringing many convenience to humans, it has also triggered thinking on scientific and technological ethical issues. As a scientific and technological activity, science and technology ethics must follow the value concept and behavioral specifications, which contains human ethical reflection and value pursuit of science and technology, that is, technology should be "good" or "good". How to regulate scientific and technological activities and strengthen scientific and technological ethical governance have become a problem of widespread concern in society. In March 2022, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Opinions on Strengthening the Governance of Science and Technology Ethics" (hereinafter referred to as "Opinions"). It is clearly put forward "improving the level of rule of law in science and technology ethics." This means that my country's scientific and technological ethical governance is not limited to ethics and policy levels, and it also needs to rely on the rule of law to promote and guarantee. In recent years, with the "Science and Technology Progress Law" and "Data Security Law" and other laws involving scientific and technological ethics have been revised and introduced, scientific and technological ethical governance has gradually been incorporated into the framework of the country's overall rule of law. Scientific and technological ethics governance has ushered in new tasks of the construction of the rule of law.

How does the rule of law promote scientific and technological ethical governance? Where does the rule of law from scientific and technological governance start? The connotation of the rule of law can be summarized as good law and good governance, and in specific governance practice, it is manifested as following a certain value of rule of law. As far as scientific and technological ethics governance is concerned, the role of the rule of law is mainly reflected in two aspects: First, the authority and stability of the rule of law provides institutional compliance for science and technology ethics governance, that is, effectively guarantee the scientific and technological ethical risk monitoring and early warning system and scientific and technological ethical norms through the rule of law. With the stable operation of a system system, such as standard system, scientific and technological ethics review and supervision system. Second, the rule of law injects the value of good law for promoting scientific and technological ethical governance, including the basic value of human rights, order, freedom, and harmony. Specifically, scientific and technological ethical governance should be based on respect and protection of human rights, and take people and benefit human beings as the fundamental purpose. To this end, we must designate the "red line" and "bottom line" for scientific and technological activities, so that scientific and technological activities are ethical and laws in accordance with ethics and laws. , Will not destroy and impact the existing social order; at the same time, scientific and technological ethical governance should also ensure the relatively freedom of science and technology development, and need to stand at the height of personality dignity to lead the science and technology to the development goals of the people. The conflict between scientific and technological innovation and ethics and ethics, strive to promote the harmony between science and technology and humans, science and technology and society, science and technology and the environment.

In short, the rule of law provides support for scientific and technological ethical governance from the external system and internal value, which is an important resource and strong guarantee that effectively promote the governance of scientific and technological ethics. Therefore, only by condensing the rule of law and absorbing the wisdom of the rule of law, and adhering to the rule of law on the track of the rule of law, can we form a more complete scientific and technological ethical governance system and enhance my country's scientific and technological ethical governance capabilities.

The governance of scientific and technological ethics must follow the good rule of law and form a joint force of ethics and law. The rule of law is the governance of morality and the governance of good law. The governance of scientific and technological ethics requires the formation of ethical and legal internal and external force. The reason why it emphasizes the common role of scientific and technological ethics and law is because ethics and law have their own characteristics, and the development of science and technology has the dual pursuit of "truth" and "good": scientific and technological activities are called "freedom", which is suitable for basis, which is suitable for basis. Scientific and technological ethics with regulatory elasticity is evaluated and standardized; scientific and technological activities are "good" to emphasize "order", and laws with mandatory binding power provide external supervision and system guarantee. Therefore, it is necessary to attach importance to the formulation of scientific and technological ethical norms, as well as scientific and technological ethical legislation.

my country's scientific and technological ethics governance starts late, and the corresponding scientific and technological ethical legislation and scientific and technological ethical norms are not perfect. Taking the newly revised "Science and Technology Progress Law" as an example, the parts involving scientific and technological ethics are mostly limited to emphasizing scientific and technological ethics, but do not clearly clear the specific content of scientific and technological ethics. The scientific and technological ethics specifications represented by Measures have problems such as excessive content, insufficient operational and systemic rigid constraints, and low level of effectiveness. In view of this, on the one hand, scientific and technological ethical legislation should be strengthened to give play to the advantages of law in the construction and effectiveness constraints. Through the procedure steps such as ethical review and public publicity required for scientific and technological activities to prevent scientific and technological activities from derailing and extending rails required for scientific and technological activities; in response to serious violations of scientific and technological ethics principles, have strong destructive and harmful scientific and technological activities, which are generally resisted by the international community. Strictly prohibit and punish administrative legislation and criminal legislation. On the other hand, we must pay attention to the formulation of scientific and technological ethics standards and rules, and promote the full research and discussion of scientific and technological practitioners and scientific and technological groups in various fields, in order to form more specific, clear, and operable scientific and technological ethical norms, and timely promote important science and technology Ethical norms have risen into national laws and regulations, incorporating the development of scientific and technological development into the social rules system jointly constructed by law and ethics.

Scientific and technological ethics governance should rely on the cooperation of multiple subjects to achieve the diversified co -governance of scientific and technological ethics. Scientific and technological ethics governance is a multi -subject governance based on the rule of law. It adheres to the promotion of scientific and technological ethical governance on the track of the rule of law. It is necessary to establish a consciousness of clear power and responsibilities and build a coordinated governance mechanism. Scientific and technological ethical governance involves the government, academic groups, enterprises, and public subjects. If the scope of power and responsibilities of each subject does not have a clear boundary, the scientific and technological ethical governance is easily caught in the adverse situation of "respectively" and "Kowloon water governance". The law can play a role in fixed disputes and clarify power and responsibilities. It provides predictable guidelines for people to exercise their rights by clarifying the boundaries (power) of various acts. Clear and clear main powers and responsibilities are the inevitable pursuit of the construction of the rule of law. my country's existing laws and regulations on the right to scientific and technological ethical governance subjects are not clear enough, although the Science and Technology Progress Law and Opinions have clarified the basic responsibilities of the National Science and Technology Ethics Commission, the Ministry of Science and Technology, and the scientific research institutions such as scientific and technological institutions. , But the more specific review and supervision and responsibility distribution needs to be further determined. In addition, the more complete scientific and technological ethics review and regulatory system requires the cooperation of each governance subject. To this end, corresponding regulations can be introduced to divide the ethical review supervision of each subject according to different stages of scientific and technological activities; Scientific and technological activities of the border cooperation need to build information warning, notification, sharing and mutual recognition cooperation systems from ethical review and supervision departments at all levels and levels. At the same time, it is necessary to accelerate the cooperation and connection mechanism of scientific and technological autonomous organizations such as industry associations and academic groups and ethics review and supervision departments, and promote the formation of the form of unified coordination, cooperation, and cooperation between the main body of scientific and technological ethical governance.

Scientific and technological ethics governance must accelerate the establishment of a scientific and technological ethical norm system, and actively participate in the formulation of international scientific and technological ethics rules. The rule of law is the rule of rules. The preview and foresight rules can effectively prevent scientific and technological risks and orderly guiding scientific practice activities. In the context of the globalization of science and technology, the major scientific and technological powers attach great importance to the establishment of the scientific and technological ethical norm system. On the one hand, cross -border scientific and technological communication, exchanges, and cooperation are becoming increasingly common. Some scientific and technological ethics risks have become common problems faced by countries. The competition of scientific and technological competition is not only a dispute between talents, but also a standard dispute and rules. This standard and rules include both industry, technical, ethical and morality. At present, some countries or international organizations have taken the lead in layout and formulate ethical standards or rules in the field of cutting -edge science and technology, seized the highlands of science and technology ethics in advance, and won the initiative and speech for the scientific and technological test exploration and route selection of the country or their member states.

China has been actively seeking to participate in international scientific and technological exchanges and cooperation, actively integrate into the wave of scientific and technological globalization, and has also achieved world -renowned scientific and technological achievements. In some areas, China has become the "leader" of the world's science and technology, and has begun to enter the "uninhabited" stage of science and technology development. In addition to joy, we are also facing the question of where to go, how to go, how can I go, how can I go. To this end, the rules of the rule of law need to be absorbed, adhere to the concept of the rule of law first and the rules, and encourage and promote the technological community of various industry associations and society to timely track the development of international science and technology ethics in a timely manner. Fields and key areas have formulated a more complete scientific and technological ethical norm system. At the same time, we must fully participate in the exchanges and discussions of international science and technology ethics issues, based on the actual situation of Chinese, adhere to Chinese characteristics, spread Chinese voice, actively participate in the formulation of international scientific and technological ethics norms, win autonomous space for the development of China's emerging science and technology field, and for the global science and technology ethical governance governance Work contributes Chinese wisdom.

(This article is the State Social Science Foundation Project "Research on the Reform of the Rule of Law in the Reform of the Rights" (19BFX058) in staged results)

(Author Unit: Social Sciences Department of South China University of Technology; School of Law, South China University of Technology)

Source: China Social Science Network-Journal of Social Sciences of China

Author: Li Shiyong Bu Chuanyu

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