2025-11-07
However, due to the role and influence of various factors, there are also digital shaping of values, threats to subject freedom, and the "atory" effect of algorithm decision-making in the digital society. In fact, whether it is modern rule of law or digital rule of law, the core lies in restricting power, rights, abiding by rules and procedures. Therefore, how to prevent and restrain the rule of law risks of digital governance, establish digital governance concepts that meet the requirements of times, and construct effective mechanisms for the rule of law for digital governance has become important and urgent.
Establish the Legal Value of "Humanism"
The rapid development of network, digital and intelligent technology has created unprecedented convenient, comfortable and intelligent high-quality life for human beings. As a result, technicism, dataism and technological neutrality have gained more recognition, and even optimistic expectations such "economic singularity", "technological singularity" and "legal singularity" have emerged, encouraging innovation and cautious inclusiveness has also become the main tone of government regulation., the negative effects of these emerging technologies are also gradually emerging. On the one hand, there are deviations in the development and application of emerging technologies, such as big data killing the, data gap, information cocoon, algorithm black box, algorithm discrimination, etc., which have resulted in serious digital injustice and digital human rights issues. On the other hand, is the erosion of humanistic spirit by technological rationality, that is, if all human activities are included in the framework of big data analysis, it will undoubtedly become a cold anditarian calculation. Once power is handed over from human to algorithm, the issue of humanism may be brutally eliminated. The expectation of the arrival of "singularity" to replace human is even more in conflict with human nature and will trigger major risks of technological alienation and human alienation.
For the information revolution, Wiener, the master of cyberics, realized long ago that it has both good and evil, and opportunities and risks coexist. Therefore, in the face of the accelerated change of contemporary technology, the ultimate value that human beings must make is: "How to make human nature still be able to delimit the direction of technological progress, rather than submit to the logic of technological change, creating a world that is no longer the past world and we are no longer the past us." Therefore, we need to prevent the value concept and decision-making mechanism formed by, code and algorithm from causing huge impact on human subject value and humanistic spirit. This requires embedding humanistic values and moral judgments into data, code and algorithm, strengthening the legal of human-machine value alignment, and maintaining its justness and rationality. To realize the normative guidance of the "humanistic" legal value, this is undoubtedly an urgent of the times.
So, "How to remain human in the algorithmic age?" In order to overcome the above risks and problems, to delimit the orientation of technological development, and to shape the value of digital humanities, it has become a major issue that must be resolved in the digital age. On September 25 2021, the Professional Committee for the Governance of New Generation Artificial Intelligence of the State released the "Ethics and Governance Norms for New Generation Artificial", which clearly states: "The purpose of these norms is to integrate ethics and morality into the full life cycle of artificial intelligence, to promote fairness, justice, harmony, and, and to avoid issues such as bias, discrimination, privacy, and information leakage", while also requiring the correct exercise of power, advocating good faith use, avoiding misuse and abuse and prohibiting illegal and evil use. On November 24 of the same year, UNESCO adopted the first global agreement on the ethics of artificial intelligence, the "Recommend on Ethics in Artificial Intelligence", which provides normative guidelines in terms of values, ethical principles, and policy guidance, and advocates for the parallel development and governance of the entire process collaborative governance. These are undoubtedly important efforts and measures to shape the "humanistic" value of the rule of law. We need to innovate legal theories, carry out value resh, and establish necessary value frameworks, so as to find back the "world of meaning" and the "space of value" of human beings, and to achieve "reconciliation between humans and technology.
Responding to the Initiative of the Global Digital Compact
Today's information society presents both a digital and a sharing economy. The "laborer-platform-customer" sharing model is gradually becoming the mainstream. At the same time, the development trend of "winner takes" and "useless" masses has also come along with it, and the digital divide, information cocoon, algorithm discrimination, algorithm control, tension structure and other tendencies are increasingly. These "non-sharing" situations in the sharing economy have become issues that must be seriously addressed. To this end, on September 22, 2024 the United Nations Future Summit adopted the Global Digital Compact, which aims to establish an inclusive global framework. This is crucial for multi-stakeholders to take necessary actions to overcome the in digital, data and innovation.
In our country, the 19th National Congress of the Communist Party of China has set the development strategy of "building, governing sharing together", and the 20th National Congress has further put forward the grand blueprint of "Chinese-style modernization", and the Third Plenary Session of the20th Central Committee of the Communist Party of China has adopted the Decision of the Central Committee of the Communist Party of China on Further Deepening Reform in an All-round Way Advancing Chinese-style Modernization, which calls for "more obvious substantive progress in promoting the all-round development of human beings and the common prosperity of all the people" andreform for the people, reform relying on the people, and reform results shared by the people". This requires the integration of the concept of shared development into the legal concept of information society, speeding up the development of new productive forces, and through reasonable institutional design, transforming the development results of the sharing economy and new productive forces into shared opportunities and fair for social members.
Based on this, we should base ourselves on China's Position on Global Digital Governance Issues (Opinions submitted to the United Nations on the of the Global Digital Compact) and actively respond to the various initiatives of the Global Digital Compact. Specifically, on the one hand, we should implement the governance principles of "people-" and "building, governing and sharing together", inhibit bad tendencies such as the digital divide, information cocoon, algorithm discrimination, digital control, etc., and establish a democracy mechanism of supervision, control and inclusiveness to inhibit the risk of digital governance such as digital shaping of values, dual threats to subject freedom, and the "mandatory" of algorithm decision-making, so as to ensure the goodness of science and technology, digital justice and the protection of digital human rights. On the other hand, in view of the evolution direction of mixed public and private, diversified subjects, diversified rules, and simultaneous growth of freedom and control, we should actively explore the governance mechanism of "mass colegislation", soft and hard co-governance, and diversified mixing; strive to innovate the multi-dispute resolution mechanism of justice, administration and platform, resolve various types of digital governance risks, and protect digital rights and digital human rights, so as to build a digital governance order of "building, governing and sharing together" and the construction of digital rule of law.
Building the ethical constraints mechanism for artificial intelligence
A significant feature of the digital age is that data speaks and algorithms dominate, bringing a convenient and comfortable intelligent society. However, algorithms do not naturally have a moral outlook and will not self-regulate rationally. It is a code written by humans for specific purpose, so it inevitably has certain limitations and risks, and value preferences are "inherent in the algorithm." Therefore, it needs to be incorporated into the track of the of law. However, legal regulation is, after all, a guarantee of the bottom line, and rapid iteration of technology development and application will inevitably have obvious lag, so we can adopt a legislative strategy that is inclusive and cautious and retains a moderate "elasticity." In this way, the timely creation of an ethical framework for the application of artificial intelligence can the regulatory space and play a comprehensive and timely regulatory effect, thereby suppressing algorithmic discrimination, algorithmic control, algorithmic misuse and algorithmic abuse, and promoting the goodness of and friendly artificial intelligence, which is also a contemporary era requirement and global trend. In November 2021, UNESCO passed the world's first "Recommendation Ethics of Artificial Intelligence" at its 41st General Conference. At the same time, relevant legislation in various countries has also accelerated. China has also successively issued theEthics Guidelines for New Generation Artificial Intelligence" (2021), the "Opinions on Strengthening the Governance of Science and Technology Ethics"2022), the "Personal Information Protection Law" (2021), the "Provisions on the Administration of Algorithms for Recommendation Services of Information Services" (2021), the "Interim Measures for the Administration of Generative Artificial Intelligence Services" (2023) and other policy documents, laws and regulations, and thus opened a new era of governance for the standardization of development and value guidance of artificial intelligence. At this time, there is an urgent need to build systematic ethical framework that matches the legal regulation of artificial intelligence. It no longer only reflects the distributive justice of the merchant society, but more expresses the shared justice of the new era thus establishing the ethical constraint mechanism and the scale of digital justice for the governance of artificial intelligence.
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