摘要:
人工智能(AI)国际法与国内法的有效互动是规制AI风险、保障AI发展的法治要求。现有AI国际法包含部分直接规制的倡议型软法和区域性硬法以及间接规制的领域国际法。但受限于传统国际法的渊源和主体,既有国际法在适用于AI时适配性不足。欧美中分别制定了AI国内法,既需要AI国际法调和差异分歧,也为AI国际法提供了共识基础。国际法的国内法化和国内法的国际法化在AI国际法与国内法的双向互动中都有所表现。AI领域的非国家主体有赖于国内法规制,使得国际法向国内法延伸成为可能和必要。中国既需要不断调整和优化国内法,对AI发展作出立法回应,又需要提出AI国际法方案,推动国际法回应各国国内法需求,促进AI国际法软硬法二元协同治理模式的形成。进一步发挥国内法场景式规制的快速响应优势,实现国内法外溢作用,是中国在AI国际法方面有所作为的途径。
关键词:
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人工智能 /
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国际法 /
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国内法 /
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规则外溢 /
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硬法
Abstract:
The effective interaction between international law and domestic law on artificial intelligence (AI) is a requirement of the rule of law for regulating AI risks and ensuring the sound development of AI. Existing international law on AI comprises three components:initiative-based soft law and regional hard law for direct regulation, as well as area-specific international law for indirect regulation. However, constrained by the sources and subjects of traditional international law, existing international law lacks adequate adaptability when applied to AI. Europe, the United States, and China have each formulated national AI laws; these domestic laws not only require international law on AI to reconcile differences and disputes, but also provide a foundation of consensus for the development of such international law. The internalization of international law and the externalization of domestic law are both manifested in the two-way interaction between international law and domestic law on AI. Non-state actors in the AI field rely on regulation by domestic law, which makes the extension of international law to domestic law possible and necessary. China needs to not only continuously adjust and optimize its domestic law to provide a legislative response to the development of AI, but also put forward proposals for international law on AI. It should promote international law to respond to the needs of domestic laws of various countries and facilitate the formation of a dual collaborative governance model of hard and soft law for international law on AI. Further leveraging the advantage of domestic law in rapid response through scenario- based regulation and realizing the spillover effect of domestic law constitutes a way for China to make contributions in the field of international law on AI.