Documentation, Informaiton & Knowledge ›› 2023, Vol. 40 ›› Issue (1): 45-55.doi: 10.13366/j.dik.2023.01.045

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Recommendation Algorithm as Rule: Evolution and Legal Governance

  

  • Online:2023-01-10 Published:2023-04-12

Abstract: [Purpose/Significance] Legislating for the application of AI technology has become a trend in the world, and exploring algorithm regularization can help delve into how to achieve a more refined goal of hierarchical and categorical regulation of algorithmic service applications. [Design/Methodology] On the basis of literature research and comparative analysis, combined with multi-disciplinary thinking of political economy theory and political science theory, this paper analyzes the connotation, practical significance, theoretical basis and implementation path of algorithm regularization from multiple perspectives. [Findings/Conclusion] From the perspective of the production mode of digital economy, algorithms mainly serve the flow of market factors.According to different types of market and social functions, algorithms can be divided into two categories, production and auxiliary, the latter is closer to some kind of public infrastructure. Along with the complexity of the platform ecology and the deepening of the responsibility of the platform subjects, the rule-based demand of algorithms gradually emerges and change with different functions and service areas. The extent to which algorithms become rules also depends on the regulators and the subcontracting governance structure embedded by platform companies(especially large ones).[Originality/Value] In this study, algorithms are not viewed as isolated part of the mode of production of the digital economy. Its significance is to promote the promotion of the production and flow of market factors more automatically and maintain the trading order in the relevant markets.The perspective of this paper helps to advance the understanding of algorithmic regulation in China.

Key words: Algorithm, Rule, Mode of production, Subcontract system, Platform company