风险等级下的人工智能法律监管研究

Research on Artificial Intelligence Legal Supervision under Risk Level

近十年里,人工智能已成为世界各国科技发展的战略重点,同时监管风险和人工智能技术相伴相生,成为人工智能立法监管的导向。人工智能风险的产生主要是由黑箱模式以及运行中产生的风险共同构成。法律是进行风险防控强有力的工具,针对目前我国人工智能应用广泛、产业规模庞大、监管力量薄弱等现实困境,可以根据风险等级划分不同类型的监管主体,并在明确具体主体的基础上,以政府监管为主体,构建风险评估监管机制。落实人工智能风险等级划分,以期政府、社会和企业在各自的范围内承担起相应的法律责任,共同促进人工智能产业的蓬勃发展。

In the past ten years, artificial intelligence has become the strategic focus of science and technology development in countries around the world. At the same, regulatory risk and artificial intelligence technology are accompanied by each other, which has become the guidance of artificial intelligence legislation and supervision. The risk of artificial intelligence is mainly composed of the black-box and generated in operation. The law is a powerful tool for risk prevention and control. In view of the realistic dilemmas of China’s extensive application of artificial intelligence, huge industrial scale, and weak regulatory force, we can divide different types of regulatory bodies according to the risk level, and on the basis of clarifying the specific subjects, take government supervision as the regulatory body, and build a risk assessment and supervision mechanism. With the implement of the risk classification of artificial intelligence, the government, society and enterprises should assume corresponding legal liabilities within their respective scopes and collectively promote the prosperous development of artificial intelligence.