刑事合规视角下医疗人工智能算法管理体系建构

Construction of Medical Artificial Intelligence Algorithm Management System from the Perspective of Criminal Compliance

医疗人工智能算法有效提升了医疗技术水平,促进了医疗数字化、精准化、高层次发展,但医疗人工智能算法也蕴含着过失致人重伤、过失致人死亡和引发医疗事故犯罪等刑事风险。基于医疗人工智能算法风险结果的严重性、风险追责的困难性以及医疗人工智能算法“黑箱”的难破解性,难以通过事后的刑法处罚方式规制其刑事风险,应以刑事合规方式予以管理。应当从明确目标、标记合规重点、制定合规规则、建立刑事风险识别与应对机制、健全审查机制、建立评估机制等方面,着手构建医疗人工智能算法的刑事合规方案,并在此基础上确立医疗人工智能算法刑事合规的保障机制。

Medical artificial intelligence algorithms have effectively improved the level of medical technology and promoted the digitization,precision and high-level development of medical care.However,medical artificial intelligence algorithms also contain criminal risks such as negligently causing serious injury,negligently causing death,and causing medical malpractice crimes.Based on the seriousness of the risk results of medical artificial intelligence algorithms,the dfficulty of risk accountability,and the difficulty of deciphering the"black box"of medical artificial intelligence algorithms,it is difficult to prevent and control their criminal risks through criminal penalties after the fact,and criminal compliance methods should be used to prevent them.The criminal compliance plan for medical artificial intelligence algorithms should be constructed from the aspects of clarifying system objectives,marking compliance priorities,formulating internal compliance rules,establishing criminal risk identification mechanisms,strengthening criminal risk response mechanisms,improving review mechanisms,and establishing evaluation mechanisms.On this basis,a guarantee mechanism for the criminal compliance of medical artificial intelligence algorithms is established.