Research On Public Law Regulation Of Algorithm Platform Power

Algorithmic platform power is private power that belongs to algorithm platform.The frequent occurrence of algorithmic discrimination and algorithm manipulation of public opinion all reflect that the infringement of algorithmic platform power is infringing upon the basic rights of citizens.First,the legal positioning of the algorithm platform is not accurate.The algorithm platform enjoys a dominant position,but the law still positions it as a subject with equal status with users,ignoring the fact that the algorithm platform is essentially the subject of private power.The second is to adhere to the traditional thinking of public law control.Public law is used to prevent public power from infringing upon the basic rights of citizens,ignoring the dangers of the rising algorithm platform power.Its three legal provisions regulating the power of algorithm platforms are scattered in several separate laws,and there is a lack of communication and coordination among the laws and regulations.There are many problems in the current algorithm regulation system.The four algorithm transparency rules need to be improved urgently.The algorithm platform can always excuse the existence of the algorithm black box and attribute the harmful consequences to the automatic decision-making of the algorithm.The platform has no subjective fault for the occurrence of the damage results and evades legal responsibility.To get out of the dilemma of public law regulation,we should respond to the above problems head-on,and find ways to break the situation from the legal positioning of algorithm platforms,public law thinking,standardization systems,and algorithm transparency rules.One is to correct the unequal legal status between the algorithm platform and its users.The algorithm platform is the subject of private power,and the algorithm platform’s responsibility assumption rules are adjusted around the subject status of private power,so as to legally reverse the unequal social relationship.The second is to change the concept of public law and reconstruct the triangular structure of "public power-private power-private rights";introduce the theory of the state’s duty of protection,require the state to build a good objective order to ensure the realization of basic rights,and provide theoretical support for improving the public law regulatory system.The third is to repair the algorithm regulation system,establish the network information department as the core department to supervise the power of the algorithm platform,and let the network information department take charge of the investigation and disposal rights of algorithm disputes;Algorithmic filing system.The fourth is to clear the technical fog,improve the algorithm transparency rules,and clarify the algorithm interpretation power based on understandability,so as to prevent the platform from evading legal responsibility under the pretext of algorithm black box.