推进有未来感的人工智能立法

Promote Artificid Inteiligence Legislation with a Sense of the Future

2024年7月4日,2024世界人工智能大会暨人工智能全球治理高级别会议在上海召开,会上发布了《人工智能全球治理上海宣言》。宣言提出,要促进人工智能发展、维护人工智能安全、构建人工智能治理体系、加强社会参与和提升公众素养,以及提升生活品质与社会福祉。其中,构建人工智能治理体系的前提在于充分的制度供给。步入数字时代以来,人工智能技术在深刻改变人们生产生活方式的同时,也带来一系列不确定性风险,需要在制度层面进行系统性回应,促进人工智能技术和产业的规范健康发展。

Since entering the digital age,artificial intelligence technology has profoundly changed people's production and lifestyle,but it has also brought a series of uncertain risks,which require systematic response at the institutional ievel to promote the standardized and healthy development of artificial intelligence technology and industry.How to grasp the legislative pace of artificial intelligence law at present?How should the positioning,adjustment objects,and governance mode of artificial intelligence law be determined?All are further questions to be answered.For this reason,in the context of the two expert proposals for AI law issued by the academic community in 2023,we invited experts involved to write articles,with a view to deepening the discussion of AI legislation and providing theoretical support for the formal introduction of China's AI in the future.Professor Shen Weixing pointed out that to accurately grasp the orientation and direction of China's Al legislation,it is essentiai to clarify key issues in the legislative process,including the concept of Al,basic principles,risk management systems,transparency and filing supervision measures,damage and relief mechanisms.Professor Zhang Linghan suggested that the current stage of AI legislation should adopt a"general principles-based"approach,characterized by"establishing general principles,outlining main lines,leaving interfaces,and advancing flexibly and timeiy".Researcher Zhou Hui emphasized that the AI law should encompass three orientations:as a promotion law,a safety law and a procedural law.At the level of a promotion law,it should primarily consist of encouraging and discretionary norms to serve and support the development of the AI industry.In terms of a safety law,a two-tier risk model should be established,along with a flexible and adjustable negative list for the Al field.Regarding procedural law,it should stipulate a coordinating department for AI to enhance the operability of the rules.Professor Su Yu emphasized that the technological roadmap and application methods of artificial intelligence are quite complex,and they should be appropriately differentiated and governed through a hierarchical and multi branch framework.Professor Zheng Zhifeng believes that attention should be paid to the outer space effectiveness boundary of artificial intelligence law and its coordination with artificial intelligence element law and artificial inteiligence application law internally.Professor Xu Shenjian emphasized that the construction of a comprehensive and systematic data governance system should be promoted from three levels:establishing a sound data ethics system,promoting responsible innovation in data technology,and moving towards holistic governance of data laws.Professor Zhang Yan pointed out that based on the characteristics of existing AI,when converting the scientific and technological ethics framework into an effective governance scheme,a nurturing approach rather than a deterministic approach should be adopted.Professor Li Xueyao noted that the challenges of AI ethics mainly concentrate in the deployment and application stages.It is advisable to conduct separate legislation within the framework of scientific and technological ethics governance,and establish normative requirements based on its own characteristics in terms of the responsible entity for ethical review,review initiation conditions,expert composition,andreview conclusions.