加快推进人工智能劳动法治保障建设的对策研究

On the countermeasures to accelerate the labor law protection construction of artificial intelligence

在当今人工智能从体力劳动工作岗位向脑力劳动工作岗位不断延伸扩展的态势下,"十九大"报告前瞻性地提出了加快人工智能和实体经济深度融合的战略目标。为此,有必要审视人工智能对劳动安全、就业促进、劳动法律关系、工伤保险、反就业歧视等劳动法治构成要素的挑战,并以"十九大"报告精神及国务院2017年《新一代人工智能发展规划》为指导,从确立新的劳动安全观、保障劳动者的充分就业、明确人工智能在劳动法律关系中的主体地位、在人工智能赋权革命的基础上建构人工智能工伤保险制度等方面采取对策措施,更新劳动法治观念,完善人工智能发展的政策法规、标准体系。

Under the accelerating trend of artificial intelligence replacing men workers extending from manual to mental labor jobs, the 19th National Congress＇ Report of the People＇ s Republic of China has accordingly and clearly put forward the strategic goal of speeding up the deep integration of artificial intelligence and the real economy. Therefore, it is necessary to examine the new challenges on many concepts and elements of labor law caused by the extensive use of artificial intelligence, including labor safety, employment promotion, labor law relations, work-related injury insurance and anti-employment discrimination. Guided by the 19th National Congress＇ Report and the State Council＇ s New Generation Artificial Intelligence Development Plan issued in 2017, it is suggested to upgrade labor law conception and improve policies, laws and regulations and standard system about artificial intelligence development, by countermeasures such as establishing a new concept of labor safety, ensuring full employment of workers, clearing artificial intelligence＇ s legal subject status in labor law relations, and constructing artificial intelligence injury insurance system based on artificial intelligence empowerment revolution.