Research On Legal Regulation Of Algorithm Discrimination In China In The Era Of Big Data

With the advent of the era of big data,the blowout development of the Internet industry,the rapid increase of the number of Chinese Internet users,the algorithm that constitutes the basis of the Internet industry has become more and more attention from all circles.Contemporary automated decision-making algorithms should no longer be regarded as pure tools.Some scholars believe that algorithms have become a kind of "quasi-public power".If there is no regulation,power alienation and algorithm discrimination will cause harm to social fairness and justice.In order to regulate algorithmic discrimination,this paper first clarified the concepts related to algorithm,algorithmic power,algorithmic power alienation and algorithmic discrimination,analyzed the causes of algorithmic discrimination,and intended to find targeted regulatory measures by analyzing the causes.The era of big data not only affects China,but also the world is gradually digitizing.Algorithmic discrimination also exists in various countries and regions.This paper is not limited to focusing on the existing problems and measures taken in China,but also draws on the strong points and weaknesses of the measures taken by foreign experts,scholars and public authorities to regulate algorithmic discrimination,with the intention of seeking a regulatory road suitable for China’s national conditions.This paper argues that the regulation of algorithm discrimination must take the way of improving algorithm transparency,using algorithm interpretation power to enhance algorithm transparency.Combined with the protection of personal information,by clarifying sensitive personal information,protect personal data from abuse.By analyzing and clarifying the object of algorithm discrimination regulation and adopting the method of combining pre-regulation and post-regulation,we should not only refine the pre-recording system and reduce the possibility of algorithm discrimination,but also clarify the subject of post-responsibility,and clearly take the principle of presumption of fault as the principle of liability,so as to make liability pursuit more practical.