Research on Criminal Law Protection and Regulation Path of Intelligent Algorithm

Abstract

AbstractFacing the problem of artificial intelligence, the urgent task of criminal law is to tap the application potential of dogma in the present and short-term future, which requires a dogmatic review of the core concept of intelligent algorithm. Algorithm black box and algorithm manipulation are the core controversial issues of intelligent algorithm. Due to the strong reflexivity and duality of artificial intelligence technology, we should give consideration to the regulation of criminal risk and the criminal protection of legal interests contained in the algorithm itself. The mixed legal interests contained in intelligent algorithms should include “algorithm security” as a public legal interest and “algorithm right” as a developer's competitive advantage. The criminal law protection of intelligent algorithms should focus on the two. The criminal regulation of intelligent algorithm should be carried out differently around the input end, operation end and output end. The principle of risk prevention and the principle of due process should be adhered to, and the introduction of criminal compliance system can be considered.KeywordsIntelligent algorithmCriminal law protectionRisk preventionCriminal law regulation