The Influence Of Algorithm Power On Network Public Opinion Supervision And Its Legal Regulation

China’s public opinion supervision is different from the media supervision emphasized by the west.The west thinks that public opinion supervision is the fourth power independent of legislative power,judicial power and administrative power,and its essence is media supervision.In China,public opinion supervision is an important way for people to supervise the government,and the main body is the people,even in the era when newspapers,television and other media are popular.However,before the development of Internet technology,the way of public opinion supervision is mainly carried out through mainstream media.With the advent of the algorithm era,the wide application of the algorithm makes it more convenient for people to obtain information,and also makes everyone get a voice channel.The traditional form of public opinion supervision has also changed,and the main form of public opinion supervision has become network public opinion supervision,which has expanded the subject scope of public opinion supervision and the people have truly become the subject of public opinion supervision.Relying on its own advantages in information dissemination and distribution,the algorithm gradually replaces traditional media,controls the channels of information distribution and dissemination,and plays an important role in shaping public cognition and allocating information resources.The algorithm becomes a power,and the embedding of public power and the transfer of individual private rights make the algorithm power obtain its legitimacy.The generation of platform algorithm power has had many effects,leading to the change of legal relationship,from the original binary pattern to the ternary pattern.The right to know and personal will of the subject of network public opinion supervision are damaged,and the environment of network public opinion supervision is more chaotic,which hinders the formation of public opinion consensus.Moreover,due to the lack of endogenous power in platform self-control,it is necessary to regulate algorithmic power by law.By combing the current laws in China,we can see that the regulation of algorithms in China has changed from the original departmental law to the protection of data rights and personal information.The promulgation of "Administrative Regulations on Algorithm Recommendation for Internet Information Services" marks the direct regulation of algorithms to avoid the abuse of algorithm power.However,there are also problems in the implementation of the filing system for algorithms with public opinion attributes,the absence of accountability system for algorithms,and it is difficult to get timely relief for individual rights after automatic decision-making by algorithms.In the experience of overseas regulation,the EU regulates algorithmic power with data protection system,while the United States regulates algorithmic power with algorithmic accountability system.We can learn from its protection concept and institutional experience to improve our algorithmic power regulation system.For the problem that the algorithm power damages the rights of the subject of network public opinion supervision,we can protect the subject’s right to know and free will by configuring the algorithm interpretation right and strengthening the protection of data rights.For the imbalance between the rights and interests of the algorithm power subject and the algorithm counterpart caused by the intervention of the algorithm power,this paper balances the rights and interests of the algorithm power and the supervision subject in the field of network public opinion supervision by perfecting the responsibility bearing mechanism.For the problem that algorithm power affects the network public opinion supervision environment,strengthens individual prejudice and hinders the cohesion of public opinion consensus,the public interest principle is embedded in the algorithm design to regulate algorithm power.