With the continuous development of artificial intelligence technology,the theory of'technological public-welfare'with humanistic value is permeating the legislation of artificial intelligence in all aspects.This theory not only criticizes the'technology centrism'and'technology determinism',but also promotes the transformation of artificial intelligence legislation from a'public rights protection'framework to a'public risk regulation'framework.This transformation has shown different forms in legislation in the European Union,China,and the United States:the EU's artificial intelligence legislation has adopted a'semi open'amendment to the theory of'technological public-welfare';China mainly focuses on local legislative experiments and exhibits a strong tendency towards inclusive'technological public-welfare';The United States places greater emphasis on the soft law governance of'technological public-welfare'.However,the above practices also indicate that the current'technological public-welfare'in AI legislation overlooks the protection of market driving forces(private interests),leading to an imbalance in the allocation of rights,obligations,and responsibilities,thereby affecting the scope of application of AI legislation.Based on the above theoretical development and practical exploration,the theoretical development of'technological public-welfare'should pay more attention to the mutual construction of technological value and legal value,the close connection between technological public welfare and responsibility public welfare,and the coordinated promotion of legislation and soft law,so as to further consolidate the consensus of artificial intelligence legislation for the sustainable development of all humanity.
artificial intelligence legislationtechnological centrismtechnological public-welfaresoft law
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