Research On The Legal Regulation Of Algorithmic Discrimination In China

With the continuous acceleration of the digitalization of human society and the iterative upgrade of network technology,the algorithm as the core of artificial intelligence has been more and more widely used in the public domain and market economy.While algorithms bring huge technical dividends to social life and governance,they also raise a series of new risks and challenges.The most striking problem is algorithm discrimination.Algorithmic discrimination and the rational value of human beings collide violently,and legal regulation is imminent.In addition to the introduction and conclusion,this article is divided into four parts.The first part dismantles the concept of algorithmic discrimination,analyzes the hidden,involuntary,and precise characteristics of algorithmic discrimination that are different from traditional discrimination,and lists the price discrimination,information discrimination,and sex discrimination that are common in current social life.Three kinds of algorithm discrimination performance,explaining the causes of algorithm discrimination including non-neutral data,unobjective algorithms,unbalanced digitalization process,and loose and indulgent institutional environment,and analyzed the two regulatory algorithms of fairness and justice and privacy protection The legal basis of discrimination.The second part selects two representative extra-territorial subjects from the European Union and the United States,and conducts a comprehensive investigation on their legal practice of regulating algorithmic discrimination.Through summing up,two experiences and one lesson were found.The experience is that direct regulation and indirect regulation work together,and legal regulation and ethical adjustment complement each other;the lesson is that too strict data supervision may inhibit algorithm innovation.The third part sorts out the legal status of China’s regulatory algorithm discrimination,and points out that there are four shortcomings in China’s algorithmic regulatory framework,which is mainly based on platform obligations and supplemented by user rights.Perfection,emphasis on platform obligations and lack of after-sale relief.The fourth part combines the overseas experience and the shortcomings of China’s algorithm regulation pattern,and puts forward some suggestions on improving China’s algorithm discrimination laws and regulations,including establishing a correct regulatory concept,improving existing data rights and obligations,and implementing Algorithm classification and classification supervision and the establishment of post-relief system for algorithm discrimination,etc.,with a view to improving the level of algorithm discrimination laws and regulations in China,seeking a balance between algorithm discrimination laws and algorithm innovation protection.