我国人工智能立法的模式选择与制度展开——兼论领域融贯型立法模式  

Mode Selection and System Expansion of China’s Artificial Intelligence Legislation—Also on the Domain-Integrated Legislative Model

作　　者：胡铭[1] 洪涛 HU Ming;HONG Tao(Guanghua Law School,Zhejiang University,Hangzhou 310008,China)

机构地区：[1]浙江大学光华法学院,浙江杭州310008

出　　处：《西安交通大学学报（社会科学版）》2024年第4期132-143,共12页Journal of Xi'an Jiaotong University：Social Sciences

基　　金：教育部哲学社会科学研究重大专项(2023JZDZ012)。

摘　　要：中国人工智能立法已经纳入《国务院2023年度立法工作计划》,当前,研究重心应从“应否立法”转向“如何立法”。比较国际人工智能立法实践,可归纳出两种基本模式,即统一垂直型立法模式和分散网格型立法模式,两者在制度设计、价值取向等方面各具特征。在分析研判这两种模式的基础上,以法律3.0为指导,提出中国应探索领域融贯型立法。该模式强调人工智能立法系领域法,主要内容应包括风险规制、产业促进、技术标准三方面,形式上要以基本法为主体、产业促进法和技术标准法为分支,旨在实现立法宗旨、人工智能面相及法治系统工程的三重融贯。在该模式下,《人工智能法》(基本法)应当对基本规定、基本原则、基本制度及责任义务体系等内容分别作统一界定、吸纳转介与制度重塑。Since the 20th century, AI has been continuously promoting the transformation and upgrading of traditional industrial society to a digital society. In this process, while AI brings opportunities, it also triggers many risks such as privacy leaks and algorithmic discrimination, making AI governance gradually become the new focus of global intelligent competition. In April 2021, the European Commission issued the “Artificial Intelligence Act”, and continued to advance it over several years. At the same time, the United States also actively tried to govern AI through legislation and maximized the support for innovative development. In October 2023, Biden issued the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”, proposing eight objectives such as AI safety and security, protecting the privacy of American people, and promoting innovation and competition. As for China, in June 2023, the State Council included the AI Law in the “2023 Annual Legislative Plan”. During the Two Sessions in 2024, several members of the CPPCC suggested that the AI legislation should be promoted as soon as possible.However, existing academic research rarely discusses AI legislation specifically, and more often bases discussions on data and algorithms, such asdata rights confirmation, algorithmic discrimination and interpretability. The above research is certainly beneficial for AI governance, but the governance of intelligent elements cannot replace AI governance. On the whole, most of the relevant research on AI governance is from the perspectives of technology ethics, national policies, and advocacy principles, which makes the content present departmental law colors and concrete characteristics, and it is easy to produce regulatory competition or regulatory blind spots in practice. In fact, it is because of the absence of macro-level AI legislation that the existing normative content overlaps and the order of application is chaotic. Compared with previous literature, this ar

关 键 词：人工智能立法 智能治理 统一垂直型立法 分散网格型立法 领域融贯型立法 

分 类 号：TP18[自动化与计算机技术—控制理论与控制工程] D922.17[自动化与计算机技术—控制科学与工程]