关键词: 算法治理, 法律规范, 发展与治理平衡, 比例原则

Abstract:

In the context of the emerging intelligent digital society， algorithmic governance has triggered a paradigmatic shift whereby digital technologies increasingly act as agents of governance， transforming algorithms from neutral data processing tools into dominant forces reshaping institutional order. This evolution poses unprecedented challenges to traditional legal systems. Anchored in the dual perspective of “development and governance” and grounded in China’s legal context， this paper proposes a regulatory path that upholds value orientation，institutional flexibility，and dynamic adaptability. It advocates a localized normative framework integrating soft law mechanisms with scenario-responsive systems to accommodate practical realities. By constructing a legal normative system oriented toward technological beneficence and safe algorithmic governance， the study aims to address risks such as algorithmic disciplining，bias, and opacity，thereby enhancing the substantive role of law in safeguarding individual rights and maintaining social order. At the same time， it emphasizes the legitimacy and modesty of legal intervention， cautioning against regulatory overreach，and seeks a dynamic balance between encouraging technological innovation and preserving public order—ultimately advancing the pursuit of good governance.

Key words: algorithmic governance, legal regulation, development-governance balance, proportionality principle