Jurisprudence Analysis Of Algorithmic Discrimination

In the era of data,artificial intelligence based on algorithms has shown great advantages in economic production and social life,improving production efficiency and facilitating life services.Algorithms are increasingly being used to improve public governance and services in society.At the same time,however,the negative impact of inappropriate application of algorithms constrains the application,development and innovation of AI,undermines the rights and interests of users,and allows the expansion of algorithmic power.As the field of algorithmic applications continues to expand and the negative impact of algorithmic discrimination grows,we need to govern algorithmic discrimination immediately.Governing algorithmic discrimination requires first identifying algorithmic discrimination.Algorithmic discrimination has different meanings in different studies,but the core of algorithmic discrimination is all about the processing of data by algorithmic applications and unreasonable differential outcomes.Algorithmic discrimination is based on the processing of data information by algorithmic systems that make unreasonable distinctions that detract from the rights and interests of particular subjects.Prejudice and discrimination are deeply rooted in our social life,and the origin of algorithmic discrimination is the widespread discrimination and prejudice that exists in our lives.Algorithmic discrimination is a new way of presenting discrimination,expressed as a new way of manifesting the application of algorithms.Algorithmic discrimination exhibits intertwined,unexplainable,and mechanistic characteristics;meanwhile,it can be further classified into three types: recursive,aggravated,and added.With the gradual expansion of the application field of algorithms,the application of algorithms takes on a certain social nature and can play a value-oriented role,gradually gaining a certain dominant position.The inappropriate application of algorithms leads to the disorderly expansion of algorithmic power resulting in the imbalance of power-rights relationship.Algorithmic discrimination is one of the negative effects of the expansion of algorithmic power,as a kind of behavior that damages the legal rights of individuals or specific groups for unreasonable reasons,which is contrary to the values of fairness and justice and is explicitly prohibited by law.The challenge of algorithmic discrimination to the value of law is not only reflected in the creation of substantive inequality,but also its non-transparency and unexplainable bring great challenges to the protection of equality rights;at the same time,algorithmic discrimination leads to a crisis of trust in the application of algorithms,which also affects the construction process of digital social governance system and restricts the innovation and development of algorithms.The wide application of algorithms is the inevitable result of our social development,and timely intervention and regulation of algorithmic discrimination is our inevitable choice.By comparing the governance paths at home and abroad,summarizing the experience,and at the time when the initial formation of our algorithmic law and regulation system is underway,the comprehensive governance of algorithmic discrimination is envisioned.Suggestions such as improving the governance norms and supervision system and the normative development of algorithmic ecology are put forward in order to achieve better regulation of algorithmic discrimination in the algorithmic governance system.