Risk-oriented artificial intelligence regulation: progress, innovation and inspiration from the European Union perspective
Wang Chunxiao，Li Huaisheng
School of Criminal Justice, China University of Political Science and Law
Abstract： As artificial intelligence technology advances and market application risks evolve, artificial intelligence regulation has emerged and been independent of artificial intelligence governance, which has become the basic concept and emerging field of resolving artificial intelligence risks. The European Union has pioneered a new paradigm of risk-oriented AI regulation, and realized the leadership and action of EU AI regulation by means of international cooperation, ethical constraints and risk regulation framework. Considering the difference between artificial intelligence technology and social needs, the EU should optimize the main body, regulatory process and regulatory content of artificial intelligence to achieve the effective regulation of artificial intelligence risks. Faced with the complex risk situation of artificial intelligence, China can learn from the experience of the European Union, and formulate the risk-oriented legal policy and framework system of artificial intelligence based on local national conditions at the policy decision-making level. At the level of application and practice, an interactive and collaborative mechanism among judicial organs, market supervision organs and enterprises is constructed. At the industrial structure level, the market empowerment was used to promote the sinking of artificial intelligence regulatory functions and the development of industrial innovation. At the level of general education, it fosters artificial intelligence literacy as a Security Valve of regulation to mitigate risks associated with artificial intelligence, and realizes the fair, harmonious and innovative future development of artificial intelligence.
Key words : artificial intelligence regulation; European Union; Artificial Intelligence Act; artificial intelligence risk
引言
随着人工智能系统普遍嵌入数字经济产业，其引发的算法偏见、数据隐私、伦理失范等潜在风险也接踵而至。正如联合国教科文组织（United Nations Educational, Scientific and Cultural Organization, UNESCO）在《人工智能伦理建议书》所说，人工智能可以对人类大有裨益并惠及全球，但也可能加剧偏见而导致算法歧视、数字鸿沟和数字互斥，威胁文化、社会和生物多样性并造成社会经济失衡。与此同时，该文件将人工智能监管视为人工智能风险的解决之道，鼓励各国政府采用人工智能监管（Artificial Intelligence Regulation，AI Regulation）以预测后果、减少风险、避免有害后果、促进公民参与和应对社会挑战［1］。在此背景下，欧盟逐步意识到人工智能风险引起的监管需求，构建起人工智能监管范式并创新政策体系和实践举措，逐渐成为世界人工智能监管领域的重要一极。
