算法科技伦理的法制化研究

The research of the Legalization of Algorithmic Science and Technology Ethics

摘要:

算法广泛地运用于社会的各个层面,带来了许多正面效应,然而由于其特质诱发了一系列社会风险。这一定程度上冲击了已有的社会认知,加大了伦理治理与法律规制的难度。虽然国内外出台了众多的算法科技伦理文件,算法科技伦理也在这一情景下应运而生,但仍未形成统一的规定。同时,算法科技伦理只是倡导性的规范与要求,难以产生显著的约束效果。针对算法带来的隐忧,明确算法科技伦理的内容,论证算法科技伦理法制化的必要性需求与因应逻辑,构建相应的法制化路径势在必行。

Abstract:

Algorithms are widely used in all levels of society, bringing many positive effects, but inducing a series of social risks due to their characteristics. This has, to a certain extent, impacted the existing social cognition and increased the difficulty of ethical governance and legal regulation. Although numerous ethical documents on algorithmic technology have been issued at home and abroad, and algorithmic technology ethics have emerged in this scenario, unified regulations have yet to be formed. At the same time, algorithmic tech ethics are only advocacy norms and requirements, and it is difficult to produce a significant binding effect. In view of the hidden worries brought about by algorithms, it is imperative to clarify the content of algorithmic technology ethics, demonstrate the necessity and logic of legalization of algorithmic technology ethics, and build a corresponding path of legalization.