Algorithm Risk of Digital Finance and Its Legal Regulation
The deep integration of algorithms and finance is the key driver of the digital transformation of the financial industry,but it also raises a series of new risks such as algorithm discrimination,algorithm manipulation,and algorithm convergence.These risks are characterized by concealment,systematicness,and diverse roots,leading to limitations in traditional financial rule of law in terms of regulation subjects,regulation objects,algorithm rights,and algorithm responsibilities.The root cause lies in the fact that the"black box"of algorithms weakens the ability of financial consumers and regulators to identify and prevent risks,and leads to difficulties in allocating responsibilities.Therefore,the legal regulation of digital financial algorithm risks should take the"black box"of algorithms as the breakthrough point,balance the value con-flicts in the"black box".To promote the development of algorithms and prevent algorithm risks,we should aim at balancing the overall development goals,taking algorithmic transparency as the basic principle,and ensuring that transparency is reasonable,meaningful,and multi-level.In terms of regulation subjects,we should strengthen the professionalism and coordination mechanism of regulatory authorities from a horizontal perspective,and introduce multi-party subject collaborative governance from a vertical perspective.For regu-lation objects,we should carry out two-dimensional regulation of algorithm ontology and participating sub-jects.In terms of algorithm rights,we should strengthen the connection between financial consumer data pro-tection and algorithm regulation.In terms of algorithm responsibilities,we should build a dual-level regulato-ry structure that focuses on both algorithm design and application supervision to ensure the safe and trustwor-thy implementation of digital financial algorithms.
digital financealgorithm black boxalgorithmic transparencyalgorithmic rightsalgo-rithmic responsibility
万方数据
维普
