欧盟《人工智能法》的实施压力与规则外溢

Implementation Pressures and the Regulatory Spillover of the EU Artificial Intelligence Act

  • 摘要: 欧盟《人工智能法》通过风险导向的规制结构、监管沙盒的创新机制和多层级实施机制,构建了统一的人工智能监管框架,在全球人工智能治理中具有重要示范意义。随着法案进入分阶段实施阶段,其制度运行逐渐显现出多重压力:高度技术化且繁杂的制度设计,对各主体执行能力提出了较高要求;欧盟与成员国之间的多层级治理结构,增加了制度的运行成本;分阶段实施安排在缓冲制度冲击的同时,也在实践中放大了执行节奏差异与合规不确定性;法案与欧盟既有数字与产品立法的交叉重叠,使制度协调更加复杂。在欧洲人工智能产业竞争力与市场吸引力相对有限的背景下,这种高度复杂且对执行条件高度依赖的制度设计,限制了其作为整体治理模板的规则外溢能力。对我国而言,欧盟经验的价值不在于制度模板的整体对齐,而在于治理工具层面的选择性借鉴。其风险导向、阶段化实施、监管沙盒和多元主体参与等治理工具,仍为中国在不同产业与治理条件下探索敏捷治理提供了重要参考。

     

    Abstract: The EU Artificial Intelligence Act (AI Act) builds a unified regulatory framework for AI systems through a risk-based regulatory structure, the use of sandboxes and a multi-level enforcement mechanism. It is often viewed as a key reference point for global AI governance. As the Act moves into its phased implementation stage, however, several operational pressures have become apparent. The regime’s technical complexity imposes significant demands on the administrative capacity of regulators as well as on the compliance capabilities of stakeholders. The multi-level governance structure between the EU and Member States increases coordination and compliance costs. While phased implementation mitigates abrupt regulatory disruption, it may also lead to uneven enforcement timelines and greater uncertainty in practice. In addition, overlaps between the AI Act and existing EU digital and product regulatory frameworks further complicate regulatory coordination. Against the background of Europe’s comparatively limited competitiveness and market attractiveness in the AI industry, a regulatory framework that is complex and heavily relies on robust enforcement conditions may face constraints in diffusing as a broadly exportable governance template. For China, the value of the EU experience does not lie in replicating the institutional architecture as a whole, but in adapting selected regulatory techniques. Elements such as a risk-based structure, phased implementation, regulatory sandboxes, and the involvement of multiple stakeholders remain instructive for developing responsive governance strategies across sectors with different industrial dynamics and regulatory constraints.

     

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