Abstract:

The rapid development of artificial intelligence, particularly its accelerated social embeddedness, has demonstrated unprecedented innovation-driven momentum and profound transformative effects. At the same time, it has introduced the challenge of how to properly address AI governance’s “reflexivity” problem. Against this backdrop, traditional “hard law” has struggled to address new social issues such as algorithmic discrimination in AI governance. “Soft law” has filled the void as an alternative form of governance but has also provided a fresh opportunity for the unique effectiveness of technical standards in AI governance. In light of this, focusing on technical standards as a specific type of soft law regulation and striving for the high-quality development of China's technical standards—particularly by fully leveraging their soft law effectiveness in AI governance—has become especially important. To achieve this goal, it is crucial to recognize the advantages of technical standards. They have the ability to soften regulatory intensity, optimize regulatory actors, and shift regulatory intervention upstream. At the same time, it is necessary to grasp the driving forces of development, clarify practical challenges, and ultimately establish a constructive governance pathway.

Key words: AI governance, technical standard, soft law, hard law, co-regulation