Criminal Law Risks Of Artificial Intelligence Crimes And Coping Research

With the continuous progress of artificial intelligence technology(referred to as AI),it has gradually penetrated into all aspects of human life,and the era of artificial intelligence has arrived.The anthropomorphic behavior of AI can replace humans in high-risk jobs.Powerful data analysis capabilities can help humans process huge data information.Because of their deep learning and autonomous decision-making capabilities,they can also share human work to carry out work independently.But it is not absolutely safe.Technological advances have led to AI crimes that bring greater criminal law risks than traditional forms of crime: in the case of crime tools,new crimes and scenarios will be formed,resulting in the crime and sentencing range in traditional criminal law.There is no clear application;in the case of being the object of crime,its storage and processing data are at great risk;in the environment where criminal behavior is beyond human control,due to its autonomy in carrying out criminal behavior and unpredictable decision-making This makes it difficult to determine the responsible subject in the process of determining criminal responsibility.Such autonomy and unpredictability will prompt AI to improve the management obligations of AI in design,manufacture,and users,and create a gap between behavior and results.causality is difficult to determine.If AI is allowed to develop freely and restricted,it will inevitably lead to greater risks.Therefore,in order to create a safe social environment and to ensure the scientific,standardized and safe development of AI,how to deal with the criminal law risks brought by AI crimes has become the primary problem to be solved in the current criminal law circle.In order to comprehensively and systematically deal with the criminal law risks of crimes in the field of AI,we should first use the positioning of AI in crime as the standard,and divide crimes in the AI??field into "tool utilization","criminal object" and "artificial intelligence out of control" crimes.Three,on the basis of analyzing the characteristics of various types of crimes,summarize the criminal law risks brought by different types of crimes.Before proposing specific solutions,the basic position of the criminal law response is to maintain the modesty of the criminal law,abide by the principle of statutory crime and punishment,and abide by the principle of technical neutrality,and carry out specific responses under the premise of the basic position.For the criminal law risks arising from "tool utilization" crimes,it is necessary to effectively use extended explanations to solve new types of criminal behaviors and scenarios in the traditional criminal law framework;for the criminal law risks formed by "criminal object-type" crimes,data storage and The behaviors in the processing stage are divided and punished;for the criminal law risks arising from "artificial intelligence out-of-control" crimes,the obligations of AI designers,manufacturers and users should be scientifically set on the basis of denying the subject status of AI criminal responsibility.Based on normative causality theory to determine the causality of crimes in the AI field.The application of criminal law to respond to the risks of crimes in the field of artificial intelligence can not only promote the development of criminal law theory in terms of academics,but also at the national and social levels,not only to solve practical difficulties based on the current situation,but also to maintain the mutual interaction between technological innovation and crime prevention in the future development of AI.The inevitable requirement of balance between them is of great significance for improving the country’s overall technological level and international status.