The"Case-by-Case Lawmaking"Governance of Artificial Intelligence:Problems and Optimization
In response to the rapid iteration of Al technologies,China has tended to adopt a"small incision"legislative approach for specific technologies and their application areas,resulting in"customized"norms.This"case-by-case legislation"are characterized by departmental regula-tions jointly formulated by multiple departments,ensuring that emerging fields have legal backing.However,"case-by-case legislation"lacks the necessary justification,and is likely to lead to overlap in the scope of regulation,redundant legal concepts,conflicting regulatory content,and wasteful leg-islative resources.The case-by-case legislation reflects the technological risk anxieties of administra-tive departments,a reiteration of the traditional"law for every scenario"ideology.To address this,it is imperative to abandon the"zero-risk"regulatory goal and the"omnipotence of law"mindset,making use of"soft law"such as administrative guidance,corporate commitments,industry stand-ards,etc.The"case-by-case approach"should focus on exploring and solving the problem of"mis-match"between the new characteristics of the matter and the traditional means of regulation.Legis-lative evaluation should be introduced to encourage dynamic adjustments and optimization of norms,to cope with the rapid development and iteration of AI technologies.
AIdepartmental regulations,specialized legislationexperimental legislationle-gal regulationsoft law
NETL
NSTL
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