关键词: 人工智能, 犯罪, 刑法规制, 扩张性解释, 技术认定

Abstract: Artificial intelligence technology,characterized by its autonomy,lack of explicability,and systemic impact,is fostering new forms of criminal activity.While traditional criminal offenses can partially address technology-abuse crimes through expansive interpretation,their limitations regarding the specificity of protected legal interests and the constituent elements of acts have become apparent.The current regulation of AI crime faces a dual dilemma:the absence of legislation for new types of criminal acts and the lack of specific laws addressing the misuse of AI technology.This paper addresses the structural challenges posed by AI crime to the traditional criminal law system against the backdrop of the digital civilization transition,aiming to construct an integrated response framework combining “path regulation” and “system construction”.Regarding the path of regulation,it seeks to systematically integrate governance resources across three dimensions－ex-ante,interim,and ex-post:technical regulation embeds legal obligations into the code architecture,procedural innovation tackles the algorithmic black box in judicial proof,and collaborative governance,based on controllability,achieves precise imputation.In terms of system construction,an approach that “emphasizes both interpretative and legislative theories” is adopted.This involves conducting limited expansive interpretations of traditional offenses to cover new behavioral patterns such as virtual property infringement and system deception,while simultaneously introducing new charges such as the crime of unlawful algorithmic manipulation and the crime of deepfake information abuse to fill the normative void arising from technological autonomy.Furthermore,it establishes judicial identification standards for AI technical facts,institutionalizing procedural innovation to ensure the practical implementation of substantive rules.It also constructs judicial identification norms for AI technical facts,legalizing the technical verification process to provide procedural safeguards for the judicial application of the aforementioned paths and systems.Ultimately,this research aims to promote the transformation of criminal law from a punitive law of the industrial era to a safeguarding law of the digital age,achieving a dynamic balance between technological innovation and criminal justice.

Key words: Artificial intelligence, Crime, Criminal regulation, Expanded interpretation, Technical determinatio