涉人工智能犯罪的刑法应对路径探究

Exploring Criminal Law Countermeasures for Crimes Involving Artificial Intelligence

摘要: 人工智能技术快速发展使其在社会各领域应用愈发广泛同时也带来一系列法律难题其中与人工智能相关的犯罪问题尤为突出。本文聚焦涉人工智能犯罪的刑法应对路径深入分析当前刑法调整存在的不足并提出针对性改进办法。文章先界定涉人工智能犯罪的概念通过多维度梳理其主要类型明确研究对象范畴；再分析我国现行刑法及相关司法解释中与涉人工智能犯罪相关的具体规定揭示法律调整的现状与缺陷；最后结合技术发展趋势与司法实践需求提出加快立法进程优化、明确责任主体范围、调整犯罪构成要件等具体举措为构建契合人工智能时代发展要求的刑法治理框架提供参考。

Abstract: The rapid development of artificial intelligence technology has made its application in various fields of society more and more extensive while also bringing a series of legal problems among which the crime problems related to artificial intelligence are particularly prominent. This paper focuses on the path of criminal law response to crimes involving artificial intelligence deeply analyzes the current deficiencies in criminal law adjustment and puts forward targeted improvement measures. The paper first defines the concept of crimes involving artificial intelligence and clarifies the scope of the research object by sorting out its main types from multiple dimensions; then it analyzes the specific provisions related to crimes involving artificial intelligence in China’s current criminal law and relevant judicial interpretations to reveal the current situation and defects of legal adjustment; finally combined with the trend of technological development and the needs of judicial practice it puts forward specific measures such as accelerating the optimization of legislative process clarifying the scope of responsible subjects and adjusting the constitutive elements of crimes to provide reference for constructing a criminal law governance framework that meets the development requirements of the artificial intelligence era.