Research On The Legal Regulation Of Algorithmic Automated Decision-makin

At present,algorithm automated decision-making is widely used in news recommendation,e-commerce and other fields,when we enjoy the convenience brought by this algorithm technology,its deep-seated problems are gradually exposed,for this series of problems,China’s practice of legal regulation still has many shortcomings,need to be continuously improved.Algorithmic automated decision-making has the characteristics of decision concealment,limited autonomy,and difficult accountability of decision-making.In the process of its application,some risks have been raised in the society,such as algorithmic bias infringing on people’s right to equality,deprivation of the right to know,privacy leakage and subjective alienation,etc.,in view of these risks,ordinary measures are difficult to effectively regulate,and it is very necessary to adopt legal regulation.At the same time,based on the balance between instrumental rationality and value rationality,the consistency of rights and obligations,and the needs of the value of legal justice,legal regulation is also justified.On the basis of summarizing the legal regulation of algorithmic automated decision-making in China,this paper analyzes that there are still some difficulties,such as the limitations of the concept of legal regulation,the difficulty of protecting individual rights,and the imperfect regulatory governance system.In view of the existing dilemma,the reasons for the lag of legal regulation and the complexity of decision-making technology are also analyzed.Finally,based on the current dilemma of legal regulation,this paper summarizes and compares the regulatory paths of the EU and the United States,summarizes the enlightenment to China,and puts forward targeted suggestions on the legal regulation of algorithmic automated decision-making in China: from the perspective of strengthening concept construction,it is proposed to establish a holistic thinking of algorithmic decision-making regulation,face up to the algorithmization of the law,promote the legalization of algorithm ethics and promote the expansion of data protection thinking to the thinking of algorithmic regulation;From the perspective of strengthening the protection of individual rights,it is proposed to refine the provisions on the exercise of power,construct the right to explain algorithms,and improve the algorithm accountability system;From the perspective of improving the regulatory governance system,it is proposed to reform the algorithm automatic decision-making supervision system and mechanism,improve the algorithm verification and evaluation system,and promote the construction of a joint construction and shared regulatory system.Through the discussion of the legal regulation of algorithmic automated decision-making,this paper aims to provide some ideas and insights for the legal regulation of algorithmic automated decision-making in China,and put forward some reference schemes.