The Legal Basis,Dilemma and Legislative Path of Algorithmic Justice Construction
In recent years,the alienation of algorithmic decision-making has led to the frequent occurrence of algorithmic anomie such as algorithmic black box and algorithmic discrimination,and there are problems in the current governance of algorithms in China,such as the lack of legal value,the unclear responsible entity,and the poor regulatory effect.In order to govern the chaos of algorithms in accordance with the law and accelerate the upgrading process of"digital intelligence"in China's industry,algorithm legislation is conducive to the construction of a logical,complete,and systematic digital legal system,which is conducive to the realization of algorithmic justice.Algorithmic justice is rooted in legal foundations such as the right to equality,the right to freedom,and procedural justice,and the realization of algorithmic justice is conducive to promoting substantive fairness and justice.The legislative construction of algorithmic justice in China needs to establish the principle of algorithmic fairness and justice,establish and improve the algorithm legislative system,and promote the openness and transparency of algorithms to the greatest extent;clarify the form of attribution of responsibility for algorithmic alienation,carry out legal regulation of platform data power,and build corresponding accountability mechanisms;and establish dynamic algorithm regulatory agencies to realize diversified whole-process supervision at the levels of algorithm technology,social norms,and legal norms.