人工智能时代公司社会责任的软法规制

Soft Law Regulation on Corporate Social Responsibility in the Era of Artificial Intelligence

在人工智能时代,数据和算法的运用使公司社会责任规制面临着新挑战。在此情形下,基于传统硬法对于公司社会责任规制的乏力现实,为与当前时代的发展契合,以软法为主导的规制手段将成为公司社会责任规制的新路径。从法学和经济学视角审视都更具有合理性,其不仅能够促进主体间实现实质正义,也更符合成本—收益的价值考量。为推进这种规制手段的实施,首先应将数字正义和政府适度干预确立为公司社会责任软法规制的基本理念,并在该理念的指引下,使公司运营与社会责任的实施形成互动,并赋予用户算法解释权,促使公司内生激励和外部约束共同发力,最后形成以软法规制为主导,软硬法协同的公司社会责任规制格局。

In the era of artificial intelligence,the use of data and algorithms makes corporate social responsibility regulation face new challenges.In this case,based on the weak reality of the traditional hard law,and in accordance with the development of the current era,the soft law as the main regulation means has become a new path of corporate social responsibility regulation.This is more rational from the perspective of law and economics,which can not only promote the realization of substantial justice among subjects,but also accord with the value consideration of cost-benefit.In order to promote the implementation of this kind of regulation means,first of all,digital justice and moderate government intervention should be established as the basic concept of corporate social responsibility soft law regulation,and under the guidance of this concept,the company operation and the implementation of social responsibility are interactive,and users are endowed with the right to explain the algorithm,thus the company's endogenous incentive and external constraints are promoted to work together.Finally,a corporate social responsibility regulatory pattern dominated by soft laws and regulations and coordinated by soft and hard laws is formed.