Research On The Legal Regulation Of Algorithm Automation Decision-making In China

With the coming of the era of big data,algorithm automation decision-making has achieved rapid development,and it has spread throughout the important fields of our life in just a few years.When we read news,it can recommend topics of interest to us.When we travel,it can quickly plan the route for us.When we search information,it can automatically supplement the questions we want to search according to the input text In addition,enterprises use it to monitor market trends and adjust market strategies at any time.The government uses it to build smart transportation smart medical and other convenience projects.However,the rapid integration of algorithm automation decision-making into various fields also makes us face a series of legal risks caused by it,so how to regulate the legal aspects of algorithm automation decision-making has become a hot topic in academic cirdes.In this paper,it is divided into the following five parts.In the first part,it is the introduction Firstly,the background of the topic is introduced Under the background of the progress of big data and algorithm technology,more and more fields in social life begin to deploy algorithm automation decision-making,which has an important influence on our lives.We are also steppinginto an "algorithm society" controlled by algorithm automation decisi on-making.After that,this paper makes a rough review of the research status of algorithm automation decision-making in the academic circle.At present,the research related to algorithm automation decision-making is mainly edivided into the following three categories:research on algorithm transparency,specific legal risk and overall regulation path.In the second part,it is an overview of algorithm automation decision-making.Before the introduction of algorithm automation decisi on-making,we need to have a clear concept of the algorithm.Algorithm has a long history.In the context of algorithm automation decision-making,algorithm refers to a series of code combinations designed to solve specific problems in the field of computer science.Algorithm automation decision-making also has the characteristics of high efficiency,inteligence,dependence and concealment.The high effuciency and intelligence make the algorithm have the advantage that other techology can’t compare.Dependency means that algorithm automation decision-making must be based on big data.Without it,algorithm automation decision-making cannot play its advantages.Concealment refers to that the operation process of algorithm automation decision-making is difficult to be discovered by the outside world due to various reasons,which is also the difficulty of regulating it.Finally,this paper introduces the operation steps and current situation of algorithm automation decision-making.In this part,the purpose of writing is to have a preliminary understanding of the algorithm automation decision-making.Only when we have a clear understanding of the regulatory object can we make an effective legal regulatioin strategy.In the third part,the legal problems caused by algorithm automation decision-making are combed.Generally speaking,the problem of group iscrimination is caused by the algorithm automation decision-making in the public domain.In the field of business,it destroys the environment of equal competion,while in the field of personal life,the most common problem is big data maturity.These can be summed up as the impact of algorithm automation decision-making on equality.The erosion of justice by algorithm automation decision-making is firstly manifested as the injustice of procedure.Generally,when the decision has an adversse impact on users,algorithm automation decision-making does not give reasons and give users the right to defend Secondly,it is the erosion of substantive justice.Based on its impact on equality the injustice of the algorithm itself and the unacceptablity of the decision-making results,the conclusion is drawn that it erodes the substantive justice.The monitoring of user data by algorithm automation decision-making leads to the formation of monitoring society.The recomm endation of personalized information binds users to the information cocoon room,which constitutes a shackle to freedom.In the fourth part,it is the dilemma that China is facing in the process of regulating the algorithm automation decision-making.First of all,there are many deficiencies in the existing regulations.The legislation is scattered and not comprehenive enough,and the effectiveness of government regulations is low enough to effectively restrict the algorithm automation decision-making.The second is the current situation of supervision.The lack of speialized regulatory agencies makes it difficult to deal with complex algoithms.At the same time,the pressure of supervision ris es sharply with the expansion of algorithm automation decision-making.Finally.it is the knowability dilemma of algorithm automation decision-making.The process unknowability and the result unknowability are both big obstacles to the regulation of algorithm automation decision-making.In the fifth part,some suggestions are put forward to solve the regulatory dilemma.At the beginning of this part,it reviews the regulatory experience of the United States and the European Union.The experience of foreign countries enlightens us to legislate and set up supervision institutions as soon as possible,and at the same time to introduce other forces in the society to supervise together.This part shows thenecessity of legislation in the part of legislative suggestions,and puts forward framework suggestions for legislation,including the choice of legislative model,legislative principles and overall legislative thinking.In order to solve the regulatory dilemma,it is suggested to set up a special regulatory body to conduct comprehensive and in-depth supervision of the algorithm.At the same time,it is suggested tointroduce algorithm agents and algorithm audit firms to relieve the pressure of the regulatory body.In the part of solving the predicaments of knowability,this part endows the individual with the right to know and the right to choose the results,stipulates the obligation to set goals for the algorithm designer,and soecifies the obligation to explain for the deployer,trying to achieve the goal of the algorithm automation decisi on-making knowability through the design of rights and obligations.