Algorithm and Legal Interest Construction Based on Objective Rationality and Criminal Law Protection
Absrtact:The objective rationality of algorithms belongs to the technical characteristics of algorithms,pointing to the objectivity of algorithm calculations.In the context of algorithmic crime,algorithmic rationality revolves around algorithmic legal interests and their normative protection.The construction of algorithmic legal interests is centered around algorithmic security and algorithmic fairness,with a dual form of legal interests.Logically,the rational construction of algorithmic security interests and the logical innovation of algorithmic justice interests conform to the epistemological requirements of algorithmic rationality and also reflect the value evaluation of rational algorithms.Based on the rationalist stance,the normative interpretation of typical para-digms of property crimes is used to define the basic standards of formal and substantive punishment in behavior theory through typology,in order to demonstrate the interpretability and practicality of algorithmic legal inter-est theory and the difficulty of accountability in behavior theory,in response to the basic requirements of ad-vancing the modernization of criminal law in the AI era.
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