Abstract:
The rapid development and application of generative artificial intelligence further magnifies the lag of law in technological risk management. In order to respond to the development needs of the artificial intelligence industry and avoid the potential security risks of artificial intelligence, it is necessary to better empower legal governance through the embedding of standard governance, and build an artificial intelligence standard and law synergistic governance system. Firstly, some basic theoretical issues need to be clarified, the relationship of standard and law should be defined as “Independent-Integrated”, and it should be made clear that mandatory standard does not belong to the official legal source. Secondly, we should systematically review the development status of artificial intelligence standards home and abroad, actively participate in the formulation of international standards for artificial intelligence at the international level, and explore the construction of artificial intelligence standards with Chinese characteristics at the domestic level. Finally, the internal logic of the synergistic governance of artificial intelligence standard and law should be reflected in the implementation effectiveness of legal guarantee standards: standards improve the efficiency of legal governance, and the synergy between the two will help promote the development of artificial intelligence. To explore specific plans for the synergistic governance of artificial intelligence standards and law, it should be made clear that law is the main governance means, and specific measures, such as quoting market’s own standards in legal norms, establishing compliance system for artificial intelligence standards, determining special management institutions at the national level, and carrying out pilot projects of synergistic governance of standards and laws, should be taken to build a synergistic governance system of artificial intelligence standards and law with Chinese characteristics and international view.