Dual Governance of Administrative Law and Criminal Law:A New Paradigm of Generative Artificial Intelligence Governance
The governance path for generative artificial intelligence technology risks must be a multi-disciplinary and co-governance process involving multi-subject participation,multi-link supervision,and multi-legal regulation.Generative artificial intelligence has risk characteristics such as systemic,technical,complex,and ethical risks.The theory of technological governance and the principle of unity of legal order are the theoretical basis for the dual governance model of generative artificial intelligence execution.Due to the dispute between illegal monism and illegal relativism,the risk of generative artificial intelligence technology may lead to confusion in the definition of execution.In order to reduce the impact of technological innovation on the stability of criminal law,we should first formulate an administrative law specifically regulating the risks of generative artificial intelligence technology at the level of preemptive laws.In preemptive laws such as administrative law,a risk-based classified and hierarchical control system should be constructed,and mechanisms such as generative artificial intelligence market access review,full-process data transparency disclosure,and ex-ante legality assessment should be established and improved.For new statutory crimes in emerging fields such as generative artificial intelligence,we should try to directly stipulate the relevant crime and punishment content in the preemptive laws in the form of subsidiary criminal law.
generative artificial intelligencedual governance of administrative law and criminal lawconnection between administrative law and criminal lawsubsidiary criminal law
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