技术发展是对现代立法的新挑战

Monika Wyszomirska
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引用次数: 0

摘要

目的:本文旨在介绍使用新技术的法律问题。通过技术的快速发展加速文明进步,这对立法者和实体来说都是一个挑战,因为他们在适用法律时需要解释不完善的法规,或者每天都要面对法规缺失的问题。在本出版物中,作者讨论了与新技术的发展和实施相关的法律问题,并回答了适用法规是否将法规制定者的意图与社会和经济需求相结合的问题。引言:所有发展的本质都是人类和技术能力与潜力的提高和扩展。文明发展是建立在社会、文化和技术相互依存基础上的一个相互联系的系统,而所有这些公共生活领域都与法律法规密不可分。如果没有基本的法规知识,就很难对日常生活做出合理的决定,因此法律标准应包括足以满足公民和经济需求的解决方案。在新技术不断发生动态变化的情况下,被称为 "硬法律 "的传统规范制定模式并不能完全实现其目标,更有甚者,适用的法律跟不上新技术的发展。研究方法:本文介绍了新技术法某些方面的知识现状。作品采用了理论研究方法,包括对适用法规、文献和学说观点的分析,以及出版物作者的研究成果。结论:现行法律法规跟不上新技术的发展。立法过程本身复杂而漫长。除其他外,新法规的引入和立法修改需要部际和社会安排、众议院和参议院委员会的工作、议会的投票表决以及波兰共和国总统的最终签署。上述法律活动需要时间,而新技术意味着多变性和动态性--是一场与时间的持久战。技术的发展无疑是对立法者的新挑战,对立法者而言,与科学界和各技术行业代表的合作是制定支持而非限制 21 世纪技术发展的法规的契机。关键词:新技术法、技术革命、安全、创新的实施
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Technological Developments as a New Challenge for Modern Legislation
Aim: The aim of the article is to present the legal aspects of the use of new technologies. Accelerating the progress of civilization through the rapid development of technology is a challenge for both the legislator and entities who, when applying the law, interpret imperfect regulations or have to deal with the lack of regulations on a daily basis. In this publication, the author discusses legal aspects related to the development and implementation of new technologies and answers the question whether the applicable regulations combine the intentions of the creators of the regulations with social and economic needs. Introduction: The essence of all development is the improvement and expansion of human and technological capabilities and potential. Civilizational development is a system of interconnected vessels based on mutual social, cultural and technological interdependencies, and all these spheres of public life are inextricably linked with legal regulations. Without elementary knowledge of regulations, it would be difficult to make rational decisions regarding everyday life, therefore legal standards should include solutions adequate to the needs of citizens and the economy. In case of new technologies, which are subject to continuous and dynamic changes, the traditional norm-setting model known as hard law does not fully achieve its goals, and what is more, the applicable law does not keep up with the development of new technologies. Methodology: he article describes the current state of knowledge in the field of selected aspects of new technology law. The work uses theoretical research methods, including the analysis of applicable regulations and the literature and views of the doctrine, as well as the results of the research work of the author of the publication. Conclusions: Current legal regulations do not keep up with new technologies. The legislative process itself is complicated and very long. The introduction of new regulations and legislative changes requires, among others, inter-ministerial and social arrangements, work in Sejm and Senate committees, voting in Parliament, and finally the signature of the President of the Republic of Poland. The above-mentioned legal activities take time, and new technologies mean variability and dynamism – a constant fight against time. The development of technology is certainly a new challenge for legislators, for whom cooperation with the scientific community and representatives of various technological industries is an opportunity to create regulations that support rather than limit the development of 21st century technologies. Keywords: law of new technologies, technological revolution, security, implementation of innovations
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