Comparative frameworks for AI legislation: Policy versus market-driven models

Abstract

Throughout the existing literature, the research on the legislative view of artificial intelligence is mainly divided into two modes: policy-driven and market economy-driven; and this paper is based on the legal interpretation theory and analysis method. The above two models of artificial intelligence legislation are analyzed. The policy-driven view of AI legislation is based on the power-based approach, focusing on the national security issues involved in the development of the AI industry, as well as ex post-facto remedies for criminal offenses. The market economy-driven AI legislation model is based on the rights-based approach, focusing on the ex-ante prevention of civil infringement and moral and ethical issues involved in the development of the AI industry. This paper argues that AI legislation should integrate the “hard law path” and the “soft law path,” and comprehensively consider the factors of “legality” and “legitimacy.”