Research On The Legal Risk Of Algorithmic Discrimination

With the advent of the era of artificial intelligence,algorithms are being embedded into various fields of society.When algorithm technology brings great convenience to human life,enriches people’s choices and limits people’s choices,it well interprets the two-sided nature of technology.On the one hand,it provides more possibilities for human decision-making,on the other hand,it limits people’s autonomy of will through "information cocoon room" and other forms.As one of the inherent defects of algorithm,algorithm discrimination is constantly challenging the value protected by the constitution.The differential treatment caused by algorithm discrimination has a great impact on all fields of the current society.The "gender discrimination","income discrimination","price discrimination" and even"sentencing discrimination" in the process of algorithm evaluation are impacting people’s basic rights and interests in all fields.But we need to note that when we discuss algorithmic discrimination,we should distinguish it from traditional social discrimination.The central line of value throughout this paper is not the discrimination that has been discussed by countless philosophers and jurists for thousands of years.It is not to discuss the causes,regulations and new forms of discrimination under the existing framework.The focus is not on the "algorithm of discrimination",but on the "algorithm discrimination".It is to explore the causes of discrimination caused by the algorithm,and the reasons for the phenomenon And the legal risks brought by it.Therefore,when we analyze the relationship between"algorithmic discrimination" and discrimination,they are not inclusive,but cross.Therefore,the foothold of analyzing and studying the legal risk caused by algorithm discrimination is that we need to clarify the new phenomenon brought by algorithm,a new carrier of discrimination,and explore the construction of legal risk prevention system of algorithm discrimination through comparative analysis,case study,theoretical research and other research methods.This paper will be based on China’s current economic situation,look at the development prospects of global intelligent economy,analyze and discuss the main forms and legal risks of algorithm discrimination,restrain algorithm power,analyze the legal risks and institutional gaps of algorithm discrimination,in order to control the conflict between algorithm discrimination and social rule of law and civil rights.Algorithm,the new carrier of discrimination,has the characteristics of quasi power because of its technical characteristics,which actually forms a technical dominant relationship with the decision-maker.Algorithmic discrimination is essentially a derivative of algorithmic power.Therefore,when we analyze and construct the risk prevention and control system,we need to make it clear that algorithmic discrimination is also a manifestation of the imbalance between the strong and the weak Therefore,simply requiring relevant algorithmic application platforms to consciously abide by the relevant obligations,so as to achieve the effect of adjusting the imbalance of legal relationship is not in line with the objective requirements of business decision-making Regular.Therefore,only by establishing the concept of "responsibility first" and constructing the "algorithm guardianship system" and other relevant measures,can we truly regulate the algorithm power,that is,the technical power.