The uncontrollable data processing of ChatGPT type generative artificial intelligence products and unclear criminal responsibility of providers will lead to difficulties in criminal governance.When products are put into circulation,if ChatGPT type generative artificial intelligence products comply with national and industry standards,and there are no defects that can be detected by the current scientific and technological level,it is generally not appropriate to hold the product provider criminally responsible;After the product is put into circulation,the product provider should bear moderate safety management obligations.Violation of safety management obligations may result in criminal liability.Limited criminal accountability of product providers is not only in line with the trend of positive criminal law in the field of the internet,but also conducive to achieving a balance between encouraging technological innovation and preventing product risks,and also in line with the expectations of the public.Advocate for a"comprehensive investigation"plan to limit the scope of product providers'establishment of the crime of aiding information network criminal activities.When implementing the"comprehensive inspection"plan,the"over half rule"can be used as the subjective"knowing"recognition standard for product providers.
万方数据
维普
