Research On The Legal Regulation Of Code Risks

Historically,code started out as a relatively harmless machine language that worked on a small scale.However,today's code has become an important factor that threatens network security and poses legal challenges.This kind of threat is always hidden behind algorithms,programs,software,etc.It is inconspicuous like a 'web crawler',but invisibly shapes and changes people's online survival.This is not only related to the technical defects of the code itself,but also to the misbehavior of users and enterprises,and the misregulation of laws will further amplify this threat When the law has not fully clarified the meaning of the regulation of code risks in traditional cyberspace,artificial intelligence technology has given codes new risk attributes.Therefore,before moving towards a more digital and automated life,it is necessary to clarify the possible risks brought by the code,and on this basis,put forward the corresponding legal regulatory strategies.This not only helps to avoid undue damage and protect people's basic rights,but also facilitates the positive transformation of the negative externality of code technology and promotes the benefit of technology.In fact,the meaning and regulatory methods of code risks have always been a subject of much controversy in practice.In nature,code risks and network risks are easily treated equally.On the concept of regulation,liberalism,laissez-faire and regulatoryism are competing with each other.Even in the end of legal regulation,it is easy to fall into the misunderstanding of 'horse law'.Therefore,for one thing,it is necessary to study related issues such as social governance of cyberspace and algorithm risks regulation,so as to provide important reference value for code risks regulation;for another,it is necessary to explore the corresponding regulatory path on the basis of the attributes and characteristics of code risks itself.This is the key to dealing with the practical challenges of code risks and improving the network legal system.The main content of this article is divided into four parts for discussion.Firstly,code risks have their own unique connotation and attributes,which are divided into their own technical risks and derived social risks and ethical risks.Secondly,these risks have impacts on the value of freedom,equality and privacy in the law and violate the value connotation of code freedom,equality and openness,which also constitute an important legal basis for regulating code risks.Thirdly,unfortunately,in the practice of legal regulation,neither domestic nor foreign countries have achieved satisfactory results.The defects of our country's legal regulation mainly include defects in the legislative model,the deficiencies of the post-correction,and insufficient cross-cooperation between the two fields of law and code.For the analysis of foreign countries,the United States is mainly taken as an example.Due to the relatively rich and sound network legal system in the United States,the era of traditional network and artificial intelligence are distinguished for comparison.At the same time,centering on the current situation of regulation dilemma,it naturally extends the disputes on the three topics of regulatory connotation,normative construction and regulatory mechanism.Finally,based on the above analysis,it is not difficult to see the causes behind the code risks,including the difficulties of the technology itself,the absence of responsibilities of relevant subjects,and the weak legal supervision.Therefore,around these causes,the path of legal regulation can be explored from three aspects.Above all,we must choose a model of cross-domain co-governance,which includes not only the joint force of government power,technical power and ordinary users,but also the intersection of legal and technological fields,and the cooperation among different countries and regions at the international level.Next,starting from the formal characteristics and substantive connotation of equality,the rights and obligations of all parties should be equally distributed and different incentive measures should be taken according to the interest disputes behind the parties.Once more,we must proceed from the ontology of the legal system and make corresponding improvements.In short,the code risks are not pure technical risks and require cross-domain cooperation between technology and law.