我国数字经济立法的定位厘清、模式选择与体系构建OACHSSCD

With the Digital Economy Promotion Law included in the legislative plan of the Standing Committee of the National People's Congress,establishing a compatible legal framework has become imperative.Current legislative practices face multiple challenges,including fragmented systems,risks to the legitimacy of local legislation,and regional barriers.These challenges stem not only from the ambiguous delineation of central and local responsibilities but also from misperceptions regarding the inherent nature and complexity of the digital economy.Digital economy legislation should integrate regulation and promotion,adopting a convergent model that employs local pilot initiatives as a strategy and embraces reflexive law as its guiding principle.Specifically:In selecting legislative models,the reflexive law mechanism should integrate functionalism and normativism;in system construction,a"1+N"approach combining foundational comprehensive legislation with sector-specific legislation should be adopted.Ultimately,a dynamic legal system should be established under a unified legal framework that encourages differentiated local exploration,simultaneously stimulating innovation vitality while safeguarding rights and security.