中国生成式人工智能安全治理制度研究

초록

China, at the forefront of artificial intelligence (AI) application, prioritizes the safety governance of generative AI, a revolutionary technology. As AI permeates various sectors, the Chinese government has placed significant emphasis on both the development and security of AI, enacting a suite of regulations since 2017. This includes the “Cybersecurity Law of the People’s Republic of China” and the “Interim Measures for the Management of Generative AI Services” implemented in 2023. Particularly noteworthy is the flurry of legal activity from 2020 to 2023, aimed at standardizing AI applications to safeguard national security, public welfare, and individual rights, while fostering the industry’s healthy growth. These legislative efforts not only underscore the Chinese government’s dedication to AI safety governance but also highlight China’s resolve and progress in establishing a legal framework for AI. This research endeavors to delve into the distinctive regulatory features and governance approaches of China’s management of generative artificial intelligence safety. It conducts a comprehensive analysis of pertinent legal and regulatory frameworks, along with case studies of oversight by judicial and governmental bodies, to examine the efficacy of its policies and practices. China has adopted a development-oriented strategy for generative AI safety governance, fostering a collaborative governance model between government and industry. This collaborative approach is chosen to cope with the rapid technological advancements and their inherent complexities, as well as the inherent lag of legal systems. Moreover, relying solely on government regulation could result in a zero-sum game with the industry, which is detrimental to both safety governance and the industry’s innovative development. The paper also examines the effectiveness and deficiencies of these laws and regulations in managing the safety risks of generative AI and in promoting its healthy development, aiming to offer insights for future legislative development and refinement. Employing a literature review methodology, this paper synthesizes that China has established a preliminary framework and system for the governance of generative AI. Although the rapid pace of technological advancement and the lag of legal systems mean that current regulations cannot cover every aspect, China’s governance approach, which includes preemptive measures, ongoing management, and post-incident handling, holds valuable practical insights. Therefore, future Chinese policies on generative AI should be continuously refined in light of technological advancements, market applications, and the need to attract foreign investment. By delving into the legal regulations governing China’s safety governance of generative AI, this paper provides an in-depth look at China’s progress in legalizing this domain, offering a reference and inspiration for other nations and regions in their AI safety governance endeavors. This is intended to foster the healthy, orderly, and sustainable development of global generative AI, thereby enhancing the theoretical and practical value of this research.

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