ChatGPT came into being, and the construction of AI legalization needs to be "accelerated"

2023-02-24

Recently, ChatGPT, a new chat robot developed by OpenAI in the United States, has become popular around the world, with more than 100 million active users only two months after its launch. As a phenomenal AI product, it has demonstrated amazing reliability, efficiency and logicality in the fields of multimodal discourse such as text production, data analysis, code compilation, image generation, etc., but there are also many disputes such as intellectual property infringement, generation of false information, algorithm "black box", privacy disclosure, etc. With the rapid development of AI technology and industry, how to deal with the legal problems and governance risks that follow has become an important issue that cannot be ignored. Rule of law is an inevitable requirement for AI to adapt to and serve social development, and it is also the most efficient way to deal with various new problems. We should establish a sound concept of technology development and application, accelerate the promotion of legal norms on key issues such as the legal status of AI, the ownership of AI achievements, the division of liability for AI damage consequences, and the legal control of AI risks, and strive to balance industrial development and social security, prevent the disorderly application of technology under the influence of interests, and use legal means to escort the development of AI. Accelerate the legislative exploration, fill the regulatory gap with "small and fast" legislation, and adapt to the transformation of business form under the condition of "artificial intelligence+". China is one of the countries that carried out the AI legislative exploration earlier, and some places have also issued regulations, but the relevant regulations are not clear about the key areas of AI development, or the regulations are too rough in principle, and the forward-looking, operational and effectiveness levels are still insufficient. With the rapid development of cutting-edge technologies and the continuous expansion of application scenarios, we should timely summarize the development experience and achievements of AI, strengthen the legislative demonstration in key areas such as finance, transportation, medical care, urban construction, and explore the "small and fast" legislation based on problem-solving, enhance the pertinence, applicability and operability of legislation, and ensure that the development of AI has rules to follow and laws to follow. Improve judicial capacity, respond to judicial protection needs in a timely manner with professional trials, and control the application boundaries and potential risks of AI. At present, China's AI industry is still in the initial exploration stage, and there are a large number of legal problems to be solved in terms of algorithm technology, computing resources, data application, business model, etc. We should give full play to the role of the judicial function, enhance the ability to grasp the judicial policy, try AI judicial cases involving intellectual property rights, infringement, commercial disputes and other types according to law, promote the application of scientific and technological achievements in new fields and new forms of business, and help industrial transformation and upgrading and high-quality development. Promote the specialized construction of the artificial intelligence trial system and trial capacity, strengthen the professional training and professional selection of judges, and take multiple measures to improve the quality and efficiency of the trial by increasing training, strengthening case guidance, using expert resources, and making good use of professional judge meetings. Promote legal research, promote cooperative research with interdisciplinary integration, and provide theoretical reference for the construction of AI rule of law. Practical innovation needs the support of theoretical innovation. The development of the rule of law in the era of artificial intelligence must face the challenges of new issues in order to avoid the functional crisis of law. We should strengthen the research and solution of legal problems in the application of AI technology, and carry out in-depth analysis from the perspective of departmental law

Edit:Ying Ying    Responsible editor:Zhou Shu

Source:rmfyb.chinacourt.org

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