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Several criminal legal risks and prevention of AI crime

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2021, (32), pp.37-58
  • DOI : 10.31839/ibt.2021.01.32.37
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : November 14, 2020
  • Accepted : January 22, 2021
  • Published : January 31, 2021

DAI, PENGYU 1,  Zhu， Hui-qin 2

1延边大学朝鲜韩国法研究中心
2전주대학교

Accredited

ABSTRACT

In recent years, the development of artificial intelligence technology is in full swing, entering the golden period of explosive growth, and the era of weak artificial intelligence has come. We are on the eve of a new round of scientific and technological revolution. The progress of science and technology will always be accompanied by risks, and the uncertainty of the development of artificial intelligence will also bring new challenges. The new features of artificial intelligence, such as deep learning, man-machine cooperation, self-control, etc., as well as the fusion innovation and fusion development with other technologies, make it different from the traditional intelligent tools. Crimes involving artificial intelligence may aggravate the breadth and depth of the harmfulness of traditional crimes, and even lead to new subjects and behavior patterns beyond the traditional criminal regulations, leading to new crimes The emergence of crime forms will have a great impact on the traditional social ethics and the existing legal system. Criminal law should be based on the development status and future trend of artificial intelligence, and adopt a correct and rational attitude to deal with the criminal risks contained in it. Within the scope of the existing criminal imputation theory, this paper clarifies the challenges faced by the current criminal law in regulating crimes involving artificial intelligence, and focuses on the type governance of criminal risks under the influence of artificial intelligence technology. And how to deal with the criminal law risks and challenges brought by the artificial intelligence era reasonably and effectively in the future is analyzed. That is to clarify the principles of criminal legislation, improve the relevant provisions and judicial interpretation, and on the basis of adhering to the overall legal bottom line of the principle of legally prescribed punishment for a crime and the inherent spiritual quality of modesty, we should work together with other department laws to make full use of the important role of China's criminal law as “protection law” and “backing law” in the whole legal system, In order to solve the new legal problems brought by artificial intelligence technology.

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