Criminal law regulation of crimes related to the use of generative artificial intelligence in modern China

The use of data supported by generative artificial intelligence is characterized by the presence of multiple sources, lack of structure and scale. This significantly reduces the cost of committing crimes related to the use of data, which can potentially lead to negative consequences in the form of a domino chain and the accumulation of offenses. The process of data processing using generative artificial intelligence, including the interpretation of instructions, selection of training materials, and optimization of the learning process, is inevitably associated with potential risks such as data leakage, intellectual property infringement, and algorithmic discrimination. Criminal risks arising from the use of generative artificial intelligence should be analyzed taking into account the aspects of data, model and content, and these risks are characterized by high technical complexity, multidimensional nature and the possibility of transformation. Effective criminal risk management in generative artificial intelligence is an important guarantee for the healthy and orderly development of the artificial intelligence industry. When developing strategies to counteract offenses related to the use of artificial intelligence, it is necessary to abandon the exclusively technological approach and strengthen the role of human supervision and participation in decision-making processes. At the stage of managing the risks associated with data generated by artificial intelligence, special attention should be paid to preserving the dynamic practical values of data, shifting the focus of management from the “research and development stage” to the “application stage”, as well as the introduction of integrated, adaptive and systemic management measures. In addition, in order to effectively address new problems related to crimes committed using artificial intelligence, it is necessary to improve current legislation, expand technical capabilities to prevent such offenses, and continuously develop methods and means to counter cybercrime in the field of artificial intelligence.