From Embedding to Convergence:The Relationship and Optimization between Technological Governance and Legal Governance
Abstract: In the digital age,technological governance and legal governance should transcend the limitations of the “embedded co-governance” model,forming a “bidirectional integration” relationship through interaction.At present,there is a linear and one-way embedded relationship between technological governance and legal governance,and there is internal tension between them in three dimensions:the underlying logic,the operating mechanism and the power effect,showing a suspended state of “dual co-governance” and “outwardly united but inwardly divided” as a whole.The bidirectional integration of technology and law is a continuation,advancement,and transcendence of the embedded co-governance relationship.This approach not only ensures the primordial status of the law,but also carries out dual transformation of technological and legal governance,and integrates technological logic with the rule of law thinking,providing a holistic solution for optimizing the relationship between technological and legal governance.Specifically,this can be achieved by exploring the commonalities in the underlying logic of technological and legal governance,constructing a unified operational mechanism,and realizing aligned power effects,thereby promoting the integrated evolution and optimized development of their relationship.