英文摘要 |
Driven by information technologies such as big data and artificial intelligence, algorithmic technology is emerging rapidly and deeply embedded in the financial service industry, promoting the rise of various financial technology platforms. However, the algorithm technology has inherent technical defects, which leads to the evolution of the financial technology platform from the algorithm to the black box, that is, the use of the algorithm black box by the financial technology platform may cause potential financial risks, derive legal accountability dilemma, and breed algorithmic ethical regulation problems. Therefore, it is necessary to carry out legal regulation on the algorithm black box of the financial technology platform. In order to resolve the challenges brought by the algorithm black box of financial technology platforms, This paper compares the legal regulation experience of algorithm black boxes of fintech platforms in major international countries and regions (European Union, United Kingdom, the United States, and Singapore). Our country can make corresponding legal regulation response from four aspects: algorithm transparency, algorithm interpretation, algorithm accountability and algorithm ethics. To improve the legal regulation path of financial technology platform algorithm black box: Promoting advance review and algorithm filing to improve algorithm transparency; Implementing the algorithm interpretation obligation of the financial technology platform; Building an accountability mechanism based on the fiduciary obligation; Strengthening the regulation of algorithm ethics from the whole process. |