1672-8505

CN 51-1675/C

人工智能领域中软法治理的国际实践与中国思索

International Practices and China's Reflections on Soft Law Governance in the Field of Artificial Intelligence

  • 摘要: 数字技术发展带来监管困境,软法在技术治理中的重要性日益突出。一些国家和地区针对人工智能发展和应用采取管理措施,其中不少以软法形式出现。同时,制定国际软法逐渐成为人工智能全球治理的重要路径。相较硬法而言,软法治理具有相应优势:及时明晰人工智能风险;灵活回应技术挑战;提供宽松发展环境;降低规则制定成本;发挥更多主体积极性;促进国际交流与合作。而软法治理一般不具有强制执行力,较难保障执行效果。各经济体在人工智能治理上存在理念分歧,呈现不同的治理模式,这些模式以其国情为基础,各具优势与局限。人工智能的国际软法数量持续上升,呈现碎片化和竞争状态。在借鉴他国经验的基础上,中国应该秉持“发展与安全并重”的理念,以软法和硬法相结合的方式治理人工智能,构建两者的动态匹配关系;同时,积极参与人工智能国际治理,不断推动形成国际共识,引导人工智能技术向着负责任的方向发展。

     

    Abstract: The development of digital technologies has generated regulatory dilemmas, highlighting the growing importance of soft law in the governance of emerging technologies. In response to the development and application of artificial intelligence (AI), a number of countries and regions have adopted regulatory measures, many of which take the form of soft law instruments. At the same time, the formulation of international soft law has gradually become an important pathway for global AI governance. Compared with hard law, soft law governance demonstrates several notable advantages, including the timely clarification of AI-related risks, flexible responses to technological challenges, the provision of a relatively accommodating environment for innovation and development, reduced costs of rule-making, enhanced participation by diverse stakeholders, and the promotion of international exchange and cooperation. However, soft law generally lacks binding enforceability, which makes it difficult to ensure effective implementation. Due to differences in governance philosophies, economies have developed distinct AI governance models based on their respective national conditions, each exhibiting its own strengths and limitations. The number of international soft law instruments on AI continues to increase, yet the overall landscape remains fragmented and characterized by competition. On the basis of drawing lessons from foreign experiences, and guided by the principle of giving equal weight to development and security, China should pursue an AI governance approach that combines soft law with hard law and establishes a dynamic and coordinated relationship between the two. At the same time, it is essential to actively participate in international AI governance, continuously promote the formation of international consensus, and guide AI technologies toward responsible development.

     

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