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Regarding the Regulatory Sandbox Route and Mechanism for Governance of Artificial Intelligence
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作者 Ye Xuanhan 《科技与法律(中英文)》 2024年第5期136-148,共13页
The main challenge in AI governance today is striking a balance between controlling AI dangers and fostering AI innovation.Regulators in a number of nations have progressively extended the regulatory sandbox,which was... The main challenge in AI governance today is striking a balance between controlling AI dangers and fostering AI innovation.Regulators in a number of nations have progressively extended the regulatory sandbox,which was first implemented in the banking sector,to AI governance in an effort to reduce the conflict between regulation and innovation.The AI regulatory sandbox is a new and feasible route for AI governance in China that not only helps to manage the risks of technology application but also prevents inhibiting AI innovation.It keeps inventors'trial-and-error tolerance space inside the regulatory purview while offering a controlled setting for the development and testing of novel AI that hasn't yet been put on the market.By providing full-cycle governance of AI with the principles of agility and inclusive prudence,the regulatory sandbox offers an alternative to the conventional top-down hard regulation,expost regulation,and tight regulation.However,the current system also has inherent limitations and practical obstacles that need to be overcome by a more rational and effective approach.To achieve its positive impact on AI governance,the AI regulatory sandbox system should build and improve the access and exit mechanism,the coordination mechanism between the sandbox and personal information protection,and the mechanisms of exemption,disclosure,and communication. 展开更多
关键词 artificial intelligence governance regulatory sandbox agile regulation inclusive prudential regulation access and exit mechanism coordination mechanism
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Anti-Monopoly Regulation of Digital Platforms
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作者 Sun Jin 邵亚楠 《Social Sciences in China》 2022年第1期70-87,共18页
Characterized as they are by dynamic competition,cross-border operation,the network effect and oligopoly competition,digital platforms present a serious and complex monopoly problem,one that undermines competition,dam... Characterized as they are by dynamic competition,cross-border operation,the network effect and oligopoly competition,digital platforms present a serious and complex monopoly problem,one that undermines competition,damages consumers’ interests,suppresses the vitality of innovation and hinders high-quality development.They should therefore be brought under stricter anti-monopoly regulation.The traditional regulatory cycle of “stricter regulation brings everything to a standstill;looser regulation brings chaos in its wake” is a chronic problem in China’s market regulation,so the anti-monopoly regulation of digital platforms needs to avoid this regulatory paradox.To address digital platforms’ two-sided markets,dynamic competition and disruptive innovation,we need to create appropriate new theories of anti-monopoly regulation by establishing the principle of positive,inclusive and prudent regulation based on the concept of modesty.In the current context,efforts to strengthen regulation do not lay undue emphasis on tighter regulation and heavier penalties,but rather focus on regulatory transformation and innovation,aiming thereby to effectively improve regulation.Good law is the premise of good governance.It is necessary to speed up the revision of the Anti-Monopoly Law to include provisions for improving digital competition rules in order to provide high-quality regulatory systems.Actively promoting efficient,inclusive and prudent regulation,fair and impartial regulation,collaborative and integrated regulation,incentive-based regulation,credit regulation and intelligent regulation on the basis of good law,along with technology-enabled regulation,is a good governance approach to realizing anti-monopoly platform regulations. 展开更多
关键词 digital platforms anti-monopoly regulation concept of modesty the principle of positive inclusive and prudent regulation digital competition rules
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