| Since the risk of artificial intelligence crime has the characteristics of rapid spread,great harmfulness and strong systematization,in order to do a good job in all-round prevention and control,we should adopt a comprehensive prevention and control strategy combining administrative law,criminal law,sociology and other disciplines.The prevention and control of the crime risk of artificial intelligence should focus on prevention.In analyzing the social phenomena that may produce the risk of artificial intelligence crime,we.should pay attention to the excavation of the deep-seated causes behind it and straighten out the logical relationship between the various causes.This paper mainly focuses on the following four parts on the prevention and control of artificial intelligence crime risk.The first part carries on the summary narration to the artificial intelligence crime risk.Including the definition and characteristics of artificial intelligence and the definition and characteristics of artificial intelligence crime risk.The risk of artificial intelligence crime refers to the criminal risk associated with the development,provision,application and management of artificial intelligence and the comprehensive risk that has a negative impact on society as a result of the above-mentioned behavior.The risk of artificial intelligence crime has two characteristics:intelligent alienation of criminal means and three-dimensional diffraction of criminal hazards.The second part classifies the risk of artificial intelligence crime.This article divides into the artificial intelligence crime risk two kinds,namely the direct crime risk and the indirect crime risk,the direct crime risk including the artificial intelligence as the crime object crime risk,the artificial intelligence as the crime tool crime risk,violates the artificial intelligence safety control duty the crime risk three aspects,the crime risk two aspects which including the unemployment the indirect crime risk which causes the crime risk and the gap between rich and poor expansion causes.The third part summarizes and organizes the problems of the prevention and control of the risk of artificial intelligence crime in China.There are problems in the prevention and control of the concept level,the problem of direct crime risk prevention and control,and the existence of indirect crime risk prevention and control.The problems of prevention and control at the conceptual level include the tendency of excessive criminalization and the fragmentation of criminal risk research.In the prevention and control of direct crime risk,there are problems in the prevention and control of the criminal risk of artificial intelligence as the object of crime,which is controversial in administrative law on the relief mode and punishment mode after the artificial intelligence has been violated by the law,and in the criminal law there is a problem of competing with crimes.There are problems in the prevention and control of the crime risk of artificial intelligence as a criminal tool,which is analyzed from the most prominent field of Autonomous driving and medical artificial intelligence.There are problems in the field of Autonomous driving law as the main legality,the difficulty of attribution,the failure of administrative punishment measures,the lack of administrative supervision bodies and the problem of reliance on after-the-fact supervision.There are problems in the field of medical artificial intelligence that are characterized by unclear responsibility in administrative law,the lack of administrative supervision bodies and the dependence on ex post supervision.The problems in the field of autonomous driving and medical artificial intelligence are shown in criminal law as the subject of responsibility and the difficulty of attribution.Problems of crime risk prevention and control in violation of artificial intelligence safety management obligations,which is manifested in administrative law as the lack of provisions for the obligations of developers,providers and applicators,and the lack of crimes related to violation of the obligation of artificial intelligence security management in criminal law.There are problems in the prevention and control of indirect crime risk,including the problem of crime risk prevention and control caused by unemployment and the problem of crime risk prevention and control caused by the widening gap between the rich and the poor.The fourth part puts forward the countermeasures of the risk prevention and control of artificial intelligence crime in our country.Including the concept level of prevention and control countermeasures,direct crime risk prevention and control countermeasures,indirect crime risk prevention and control countermeasures.The concept level prevention and control countermeasures include avoiding the criminal risk of excessive criminalization and establishing the three-dimensional criminal law concept.In the countermeasure of direct crime risk prevention and control,the crime risk prevention and control countermeasure of artificial intelligence as the object of crime includes the prevention and control countermeasure of administrative law and the countermeasure of criminal law.As a crime risk prevention and control countermeasure of the criminal tool,the prevention and control measures in the field of Autonomous driving law include promoting the legalization of Autonomous driving,establishing the mechanism of accountability for Autonomous driving accidents,improving the administrative punishment measures,strengthening the construction of administrative supervision bodies in the field of Autonomous driving and establishing the supervision-oriented mode of supervision in the field of Autonomous driving.The preventive and control measures in the field of medical artificial intelligence in the field of administrative law include the identification of the main body of responsibility for medical accidents,the establishment of the administrative supervisory authority of medical artificial intelligence and the establishment of the supervision-oriented mode of supervision in the event of prior affairs.The prevention and control measures in the field of Autonomous driving law include giving the principal qualification of the legal person traffic accident crime,introducing new negligence theory to solve the problem of criminal attribution in the field of Autonomous driving,and the prevention and control countermeasure in the field of medical artificial intelligence in the field of criminal law includes giving the legal person the main body of medical accident crime,and introducing new negligence theory to solve the problem of criminal attribution in the field of medical artificial intelligence.The crime risk prevention and control countermeasure solely in violation of the obligation of artificial intelligence security management includes the establishment of the security management obligation solely by the developer,provider and application of artificial intelligence in administrative law,and the crime of violating the obligation of artificial intelligence security management is proposed in the criminal law.Indirect crime risk prevention and control countermeasures include the following two parts.Unemployment crime risk prevention and control countermeasures include strengthening education and training for workers and strengthening social security for the unemployed.The crime risk prevention and control countermeasures caused by the widening gap between rich and poor include the robot collects taxes and uses tax to do a good job of secondary distribution. |
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