“人工智能+”环境下电商发展的困境与规制

The Challenges and Regulations of E-Commerce Development in the “Artificial Intelligence+” Environment

摘要: 人工智能技术的不断发展成熟让人们对智能系统的依赖程度逐渐加深，同时也促进了电子商务的发展与繁荣。人工智能已经深度融入并极大地改变了人类的日常工作与生活，但是与之相对应的法学理论基础和法律规范尚未完善。“人工智能+”的两面性在实际应用中逐步显露，从个人数据泄露到算法黑箱，人工智能技术客观上存在着法律风险。如何界定人工智能的法律地位并控制人工智能技术对人类基本权利的负面影响，建立科学化、法治化的人智关系，成为当前学界共同关注的焦点。

Abstract: The continuous development and maturity of artificial intelligence technology have gradually deepened people’s dependence on intelligent systems, while also promoting the development and prosperity of e-commerce. Artificial intelligence has deeply integrated and greatly changed human daily work and life, but the corresponding legal theoretical foundation and legal norms are not yet perfect. The duality of “artificial intelligence+” is gradually emerging in practical applications, from personal data leakage to algorithmic black boxes, and there are objective legal risks associated with artificial intelligence technology. How to define the legal status of artificial intelligence and control the negative impact of AI technology on human basic rights, and establish a scientific and legal relationship between humans and intelligence, has become a common focus of attention in the current academic community.