The criminal risk of generative artificial intelligence and criminal law response
As an artificial intelligence technology,the wide application of generative artificial intelli-gence not only brings great convenience to human production and lifestyle,but also easily infringes upon legal interests such as data security,personal privacy and intellectual property rights,entailing significant criminal risks.Due to the characteristics that distinguish generative artificial intelligence crimes from traditional criminal offenses,criminal law faces challenges in terms of responsibility attri-bution and application of charges when dealing with generative artificial intelligence crimes.In order to address the criminal risks associated with generative artificial intelligence,the criminal law should clarify the criminal responsibilities of developers,service providers,and users of generative AI on the premise of"anthropocentrism",so as to enhance the pertinence and effectiveness of criminal law norms.On the basis of following the principle of modesty in criminal law,new charges should be add-ed to compensate for the lag in existing regulations concerning generative AI.The obligations of de-velopers,service providers,users,and other responsible parties should be strengthened to ensure the regulated use of generative AI from multiple perspectives,aiming to achieve an effective balance be-tween cutting-edge technology and realistic rules.