Research On The Legal Regulation Of Algorithm

The legal regulation path of algorithm should follow the basic principle of balance of rights,starting from respecting human’s legal subject status,and study from the perspective of behavioral norms of algorithm subject.By focusing on the technical characteristics of the algorithm abutting the requirements of legal regulation and the research on the legal qualitative of algorithm as a trade secret,the design of the algorithm legal regulation system is made to conform to the logic of the algorithm operation.Meanwhile,the trade secret rights of algorithm subject are fully guaranteed.Different from algorithm regulation scenario analysis,law has the dilemma that it cant cover all scenarios,this article summarized the risk of algorithm as two types : The first one is that the algorithm may infringe on public interest at macroscopic level,such as legal order and legal justice and so on;The second is algorithm subject exercise their right of business secrets and algorithm users claim "right to know,privacy right and other personality rights,which cause the legal risk about conflict of specific legal right.Through the legal risk analysis to formulate a problem-oriented algorithm legal regulation solution path.The paper analyze the existing domestic and foreign relevant algorithm legal regulation theories,eliminate the interference of relevant system defects in the legal subject empowerment theory,data right restrain algorithm theory,algorithm transparency theory,and draw on the beneficial experience.Finally,through the minimum requirements of technical ethics in law,the basic legislative ethics of regulating the behavior of algorithm subjects are formed.According to the basic principle of private law to restrict the private right,it serves as the macroscopic guidance of law to regulate the behavior of algorithm subject.On this basis,the specific system design is carried out from the following aspects: the adjustment of algorithm disclosure and interpretation system,the consideration of algorithm results the applicable system,the multi-agent collaboration and separation mechanism.In the end,the algorithm legal regulation system with the framework of "legislative ethics--basic principles--specific system" is constructed.