Research On The Paradigm Transformation Of Environmental Law Under The Background Of Technological Empowerment

The paradigm of environmental law emphasizes the establishment of a universal standard among the members of the community,which provides relatively clear guidance for the development of environmental governance.The paradigm transformation is the phenomenon of the replacement of the old and the new paradigm triggered by the intervention of abnormal factors when the paradigm develops to a specific stage.In order to deal with the environmental problems since the reform and opening up,China mainly regulates the public or other subjects through environmental public power,and gradually forms a regulatory environmental law paradigm.Under this paradigm structure,the regulation of human behavior has become the conceptual guidance of the environmental law paradigm,and constructed the ex post accountability environmental legal rules and hierarchical environmental supervision model.The regulatory environmental law paradigm has achieved certain results in cracking down on environmental violations and carrying out environmental supervision,but it also has some defects such as low supervision efficiency because of its emphasis on "problem response".Entering the 21 st century,emerging information technologies such as big data and algorithmic decision-making,which have the advantages of high efficiency,convenience and intelligence,have gradually become new tools for environmental governance.It has played an important role in preventing and controlling environmental risks,carrying out environmental supervision and strengthening environmental public participation.Emerging information technology empowerment has gradually become the background of environmental governance at present and in the future.However,while technological empowerment environmental governance improves efficiency,it is also bound to make information technology involved in the process of environmental legal regulation,leading to new risks of environmental governance.This is because the emerging information technology has impacted the concept,rules and implementation process of environmental law,and become an abnormal factor that triggers the paradigm transformation of regulatory environmental law.As far as the concept of environmental law is concerned,the intervention of new information technology has impacted the concepts of environmental justice and sustainable development;for environmental legal rules,technological empowerment of environmental governance may lead to the lag of rules,the complexity of rights and obligations and the uncertainty of legal consequences.For the environmental rule of law system,technologies such as algorithmic decision-making not only bring convenience to the process of environmental administrative supervision,environmental law enforcement and environmental justice,but also give rise to new problems.Therefore,based on the structure and characteristics of the regulatory environmental law paradigm,this paper summarizes the law and trend of the development of the environmental law paradigm,and then explores the legal basis and realization path of the transformation of the environmental law paradigm under the background of technological empowerment.It has strong theoretical and practical significance.In order to clarify the transformation trend of environmental law paradigm under the background of technology-empowered environmental governance,it is necessary to re-examine the relationship between technology and law and explore the jurisprudential logic of regulatory environmental law paradigm transformation.Legal system theory and legal self-creation theory can provide legal basis for this transformation.Through the second-order observation of the technical system and the legal system,we can see that there is a two-way influence between the technological system and the legal system in the process of technological empowerment environmental governance,and the technical system needs the norms of the legal system;and the legal system is also self-created because of the technical system.Based on this,the emerging information technology,as an abnormal factor,will change the regulatory environmental law paradigm to the intelligent environmental law paradigm,and then realize the dynamic balance of environmental legal ideas,the morphological changes of environmental legal rules,the innovation of environmental legal enforcement ways and the complexity simplification of environmental legal system.To sum up,under the influence of emerging information technology,the paradigm of environmental law should change from regulatory type to intelligent type,to "intelligent environmental law".First of all,the concept of environmental law should respond to the impact of technology in time to form the concept of digital environmental justice.Secondly,it is necessary to realize the self-creation of intelligent environmental legal regulation through the communication between technical system and legal system.Finally,it is necessary to build an intelligent environmental legal operation system to realize the intelligent transformation of environmental administrative decision-making,environmental law enforcement and environmental justice.In the post-modern society where emerging information technology is becoming more and more popular,"intelligent environmental law" represents the general trend of the development of environmental law and will provide a strong institutional guarantee for the realization of socialist ecological civilization.