The Research On Legal Regulation Of Algorithm Power Abuse

With the change of technology and the development of The Times,the algorithm society quietly comes.Algorithms are playing an increasingly important role,but the designers and users behind them influence the cognitive mode and practical behavior of various social subjects by virtue of their unique technological advantages,capital advantages and governance advantages.This power is called algorithmic power.Different from the traditional public power,algorithmic power has the characteristics of dispersion,concealment and disequilibrium.Because algorithms have natural black box attributes,and algorithmic power has clear mandatory attributes and dispersion characteristics in the process of operation,the abuse of algorithmic power often occurs,which is embodied in algorithmic discrimination and algorithmic monopoly,including price discrimination,employment discrimination and social governance discrimination.Algorithmic monopoly includes algorithmic collusion and platform self-preference.The abuse of algorithmic power leads to individual rights risks,enterprise development risks and national security risks.If the abuse of algorithmic power is not regulated,the negative effects will continue to accumulate and have an adverse impact on social development.At present,China’s legal regulation on the abuse of algorithmic power is no longer enough to meet the needs of the development of The Times,and it is necessary to lock the algorithmic power into the cage of the system through institutional construction and improvement of relevant provisions,so as to minimize the adverse effects and losses caused by the abuse of algorithmic power to citizens,enterprises and countries.In order to promote the innovation of algorithm technology and eliminate the weeds,and help the orderly and healthy development of economy and society,based on the analysis of the Algorithm Accountability Act centered on algorithm accountability in the United States,the EU General Data Protection Regulation centered on the protection of individual data rights and the Data Services Act regulating very large network platforms,based on the current regulatory status in China,Supplement and improve the algorithm filing system,algorithm inspection system,algorithm accountability system and algorithm evaluation system,and establish a comprehensive regulatory mechanism for algorithm power before and after the event.The first chapter is the introduction of the paper,which mainly introduces the background of the topic selection,the achievements in academia and the research methods one by one.The second chapter mainly explains the basic meaning of the concept of algorithmic power and the expression of algorithmic power abuse,and analyzes the risks caused by algorithmic power abuse from the perspectives of individuals,enterprises and society.The third chapter is to discuss the current situation and dilemma of the legal regulation of algorithmic power abuse in our country.The fourth chapter is to sort out and analyze the regulation of algorithmic power in the United States and the European Union,and summarize the enlightenment to the regulation of algorithmic power abuse in China.The fifth chapter focuses on the situation of algorithmic power abuse,gives the corresponding regulatory means,and formulates the localized restriction mechanism for the current domestic phenomenon of algorithmic power abuse,in order to effectively curb such chaos.