风险刑法观投射下人工智能问题处理探究

Research on Artificial Intelligence Problem Processing under the Projection of Risk Criminal Law View

人工智能问题一直是刑法学者广泛讨论的问题,在风险刑法的视角下,我们应当关注到高风险领域并应秉持前瞻性的眼光去加以规制,但同时又不应该过度犯罪化,要明确区分罪与非罪的标准。风险刑法要求前瞻的对高发领域进行预防,但法学研究最终关注点依旧应回到人本身。双向结合,似乎才是规制人工智能犯罪的合情理之法。

The problem of artificial intelligence has been widely discussed by criminal law scholars.From the perspective of risk criminal law,we should pay attention to the high-risk areas and regulate them with a forwardlooking perspective,but at the same time,we should not over criminalize,and we should clearly distinguish between crime and non crime.Risk criminal law requires forward-looking prevention of high-risk areas,but the ultimate focus of legal research should still return to people themselves.Two way combination seems to be the reasonable way to regulate AI crimes.