Research on Criminal Law Regulation of Generative Artificial Intelligence
The qualitative analysis of crimes such as fraud committed using generative artificial intelligence is relatively complex,and achieving reasonable criminal law regulations for the relevant behaviors of generative artificial intelligence providers and users needs to be treated differently.For generative artificial intelligence providers,currently Article 285(3),Article 286-1,and Article 287-2 of the Criminal Law cannot be applied.The appropriate approach is to apply fault liability to them based on the new fault theory,and at the same time,clarify the basis of responsibility for generative artificial intelligence providers through legislation.For users of generative artificial intelligence,due to Article 253 of the Criminal Law,it is not possible to evaluate the situation of"legitimate acquisition and illegal use".Users do not constitute the crime of infringing on citizens'personal information,but their use behavior can constitute the crime of illegal use of information networks.If it constitutes an association between the crime of illegal use of information networks and the crime of fraud,they should be convicted and punished basing on the heavier punishment.
generative artificial intelligenceface changing scamsnegligencecriminal liability of the providercriminal liability of users
万方数据
维普
