Legal Regulation Of Algorithms

With the development of computers and information technology,various fields in today’s society are increasingly connected with algorithms.Algorithms penetrate into today’s society in a rights-driven way,such as "What you like" from shopping websites,personalized recommendations from video websites,automatic pricing and artificial intelligence.On the one hand,mature and stable algorithms have indeed brought great convenience to social and economic development and people’s daily lives.On the other hand,with the widespread application of algorithms,the risks caused by the algorithms have also received more and more attention.In the context of the era of big data,the algorithm relies on private platforms and social public sectors to deeply embed social operations,and achieves ubiquitous construction,intervention,guidance,and transformation.In other words,algorithms are taking over the decision-making power of human beings.However,the algorithm has the characteristics of non-public,not accepting inquiries,not providing explanations,not providing relief,and not knowing the reason for the decision.These characteristics make the algorithm evade the control under the existing legal system,which leads to the situation where the person who are responsible avoid responsibility and the victim cannot get effective relief.In such an environment,the contradictions and disadvantages arising from this problem will increasingly intensify.From this background,this paper uses comparative analysis,literature analysis,case analysis,and other methods to combine normative research with empirical research.It combines the characteristics of the algorithm itself to find out the predicament existing in the legal regulation of algorithms,and summarizes the specific paths of legal regulations of algorithms and then gives detailed recommendations for China’s algorithm laws and regulations.This article first introduces the background of algorithm legal regulation topic selection in the introduction,points out its research significance,and summarizes the current research status in China and abroad.In order to deepen the understanding of regulatory objectives,in the first chapter,this article elaborates the concept,characteristics and application fields of algorithms in detail.Based on this information,this article discusses the necessity of legal regulation in the second chapter by analyzing the shortcomings of the algorithm such as unfairness,information asymmetry and lack of application supervision.Then in Chapter 3,the legal issues that the algorithm may cause are explained for the four aspects of personal information protection,data discrimination,algorithm collusion and algorithm enforcement.Then in Chapter 4,we discuss how to implement algorithm regulation by combining the characteristics of the algorithm itself and the risks and problems in the application of the algorithm.In this chapter,this article first proposes that a general law of algorithms should be clarified in the legislative system.After that,specific paths and recommendations are given for formation of administrative norms and the establishment of a regulatory review system.This article hopes to build on the existing legal theoretical foundation and try to establish a feasible regulatory mechanism for the algorithm from a legal perspective in order to mitigate the negative effects brought by the algorithm,and provide a benign guide to the development of the algorithm,so that various new service supported by the algorithm can benefit humanity better.