伴随新一代人工智能产业的高速发展、平台用工模式向生产服务领域的深度扩张,数据标注众包劳动正在我国悄然兴起,但也面临低收入、高强度、虚自主、实管控、无保障等就业质量问题,且被制度性地排除在各种劳动交换法律保护以外。为促进人工智能产业健康发展、切实维护新就业形态劳动者权益,我国有必要探索构建数据标注众包劳动法律保护制度,保护进路的选择需强调专门立法与司法衡平结合,尽快启动软法,审慎诉诸硬法;保护范围的划定在立法上可将服务合同作为类型构造基础,但在司法上应坚持事实优先,准确辨析隐蔽的劳动关系,克服可能发生的监管套利;保护措施的配置可从财产性权益、人格性权益两大方面分类展开。

With the rapid development of the new generation of artificial intelligence industry and the deep expansion of the platform employment model to the field of production services, data label crowdsourcing labor is rising in China, but it is also facing employment quality problems, such as low income, high intensity, virtual autonomy, real control, and no guarantee, and it is institutionally excluded from various labor exchange legal protections. In order to promote the sound development of the artificial intelligence industry and effectively safeguard the rights and interests of workers in new forms of employment, it is necessary for China to explore the construction of a legal protection system for data labeling crowdsourced labor, and the choice of protection approaches needs to emphasize the combination of special legislation and judicial equity, initiate the soft law as soon as possible, and prudently resort to hard law; the delineation of the scope of protection can be based on the type structure of service contracts in legislation, but in the judiciary, we should adhere to the principle of the primacy of facts, accurately identify hidden labor relations, and overcome possible regulatory arbitrage; the allocation of protective measures can be carried out according to the classification of property rights and interests and personality rights and interests.