With the Internet, big data, cloud computing development, especially with the arrival 5G technology applications, artificial intelligence will move forward at an unprecedented rate. Development of artificial intelligence, one can benefit of mankind, alone in terms of the legal field, artificial intelligence to legal work given a new momentum, legislation, law enforcement, judicial, legal literacy, legal services can greatly improve the efficiency of all means of artificial intelligence and quality. On the other hand, artificial intelligence has also brought many new challenges, if long-term lack of regulation, may have some disastrous consequences. For example, unmanned UAV technology may give murder, smuggling, drug trafficking and other criminal acts to facilitate; artificial intelligence program vulnerability that could be malicious use, resulting in severe social safety risks; designers, who use artificial intelligence It may exceed the ethical bottom line design, the use of artificial intelligence and data leakage, discrimination algorithm. Therefore, it is necessary to enact legislation to regulate the development of artificial intelligence to guide and standardize the healthy development of artificial intelligence.
Legislation on artificial intelligence system, with a view of the urgent need for the introduction of specific artificial intelligence, the author believes that the current weak AI in general is still in the era of artificial intelligence, focused on voice recognition, automatic translation, speech synthesis, image recognition autopilot, specific areas of industrial robots, robots chat, impossible "universal artificial intelligence" in the short term. Therefore, it does not have the basis to develop practical and objective conditions for complete legal system of artificial intelligence.
Marx famously said, "On the draft Divorce Law": "Legislators should consider himself as a natural scientist, he was not in the manufacture of the law, not the law in the invention, but merely expressed in the law, the law of his inner spiritual relationship performance in the current law, if conscious, a legislator with their own imaginary place of the nature of things, then we should blame him extremely capricious "in a special legislative regulation to a new field, it normally takes three conditions: a It is the creation of realistic needs legislative regulation of this emerging areas of society; the second is unable to make the necessary adjustments to achieve them within the existing legal and regulatory framework; Third, legislators can understand and grasp its inherent objective laws.
From the AI's current level of development, whether it is data, algorithms, operator force, or scenarios, basically still in the exploratory, experimental stage, we have a lack of research and understanding of its basic laws. In this case, the development of a complete artificial intelligence is unrealistic. The most realistic option is to adhere to the bottom line of thinking while avoiding disadvantages, according to the actual needs of the development of artificial intelligence, the existing legal system make the necessary modifications, additions.
In order to protect and promote the healthy development of artificial intelligence, artificial intelligence carried out legislative regulation should adhere to the following principles: First, people-oriented principle. Ensure the development of artificial intelligence can increase human well-being, protection of human dignity, liberty and personal property. The second is the principle of balanced development and security. Deal to promote the development of artificial intelligence and ensure that the relationship between social security, the two can not be neglected. Third, government intervention in the principle of proportionality. Development and application of artificial intelligence they do not conflict with the laws and regulations, not to endanger public order and morals, the government not to interfere unduly. Fourth, the bottom line of control ethical principles. The bottom line in clear ethics of artificial intelligence security, privacy, fairness, justice and other aspects. Fifth, the principle of risk tolerance. Development of Artificial Intelligence has a strong exploratory, even if the application is relatively mature, there are still considerable uncertainty, it should be appropriate to tolerate trial and error. Sixth, multi-level legislation in hand with the principle of complementarity. Within the framework of socialism with Chinese characteristics legal system, develop unified, multi-level legislative institutional advantages, carry out legislative regulation of artificial intelligence from multiple levels of laws, administrative regulations, local regulations.
From artificial intelligence development trend, the current legislation needs to proceed with the project, the first of the NPC and its Standing Committee legislation, including the codification of the Civil Code, specifically related to artificial intelligence, civil foundation system; the development of data security laws, the era of artificial intelligence data security and information protection make provision; the development of the telecommunications Act, to provide a good environment for the public network infrastructure, the development of artificial intelligence; amend the road traffic safety law, providing for driverless cars; amend the copyright law, patent law, artificial intelligence to provide for intellectual property-related issues; timely introduction of amendments to the criminal Code, to provide for offenses related to artificial intelligence.
Followed by the State Council administrative regulations, including the development of network security law implementing regulations, the use of the robot safety regulations, facilities management regulations artificial intelligence-based, automobile-linked intelligent network management regulations, AI assisted medical diagnosis and treatment regulations, amend Computer Software Protection Regulations Wait.
At the same time, the advantages of regional development of artificial intelligence industry can also strengthen local legislation, focusing on the development of local regulations to promote industrial development of artificial intelligence, including encouraging industrial development of artificial intelligence, to promote the application of artificial intelligence in government, taxation, manufacturing and other fields, artificial intelligence involved in consumer protection, human resources and social security.
In short, with the rapid development of artificial intelligence, the need for more attention to its legal jurists, building ethical systems and artificial intelligence theory system of law as soon as possible, to provide a theoretical basis for the legal regulation of artificial intelligence. At the same time, the legislature should pay more attention to legislative regulation of the problem of artificial intelligence, and play a leading role in promoting the legislation as soon as possible artificial intelligence legislative regulation of the relevant legislative items on the agenda, to create a favorable legal environment for the healthy development of artificial intelligence.
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