2023 Annual Member Congress and Academic Annual Meeting of Beijing Society of CriminologyLawyer Sun Tao delivered a keynote speech on "Analysis of Entrepreneurs' Crime in the Era of Artificial Intelligence".
Venue: Chinese People's Public Security University.
When: December 23, 2023.
Mr. Sun Tao, director of the Beijing Society of Criminology and director of the Criminal Appeal Department of Beijing TECO Law Firm, attended the 2023 Annual Member Congress and Academic Annual Meeting of the Beijing Society of Criminology, and delivered a speech at the sub-forum on the theme of "Crime Governance in the Era of Artificial Intelligence".
Every time I come to participate in the activities of our criminology research society, my enthusiasm is very high, because I am a criminal defense worker, and I especially like to listen to the comrades of our public security system talk about how they fight crime after coming to the venue, why?Because I am particularly concerned about how the comrades in the public security system arrested my client (because of the criminal defense, our lawyers have to exclude illegal evidence).
Every time I go to the detention center for a meeting, the first thing I ask my client is: Come, tell me how you got caught. Just like what our comrades in the public security system said just now, "Cracking down on food and drug crimes -- There is a problem in cracking down on food and drug crimes, they find that criminals or suspects put their goods in different small warehouses, resulting in insufficient case value to file a case." When I was listening to it below, I wondered if these people had consulted lawyers, and whether criminals are so professional now, which has increased the difficulty of the public security organs' crackdown.
Good!What I just said was to liven up the atmosphere, but now let's get down to business.
The topic of my speech today is "Analysis of Entrepreneurs' Crime in the Era of Artificial Intelligence", which is a big topic.
As for what artificial intelligence is, there is no need for me to say more about professional interpretations, what is crime?All of you here are experts, and I don't need to be a team to do it, because I'm just a criminal defense person. There is a very important term "entrepreneur" in this topic, so what kind of person can be defined as an entrepreneur?If Sun Tao set up a company with an annual income of 300 yuan, then am I an entrepreneur?Everyone has watched the TV series "Hurricane", people like Gao Qiqiang are attached to power, monopolizing the power business in Jinghai City and making a lot of money, is such a person an entrepreneur?I think the answer is no.
So for the concept of entrepreneurs, the benevolent see the wise and the wise see the wise, I myself agree with the definition of entrepreneur by Zhang Weiying, a teacher from Peking University: what did he say, briefly report to you, oneIf the income of an enterprise is from consumers, and the operating income and profit of the enterprise are from serving consumers, such a business operator is an entrepreneur. Entrepreneurs are a very valuable wealth of the whole society, and it is not just a random person who can become an entrepreneur, so I thought: in the era of artificial intelligence, if the entire Chinese economy, our science and technology want to make progress, and even be in a leading position in the world, then we must cherish the entrepreneurs around usProtect entrepreneurs and prevent them from committing crimes
Artificial intelligence technology, its advancement is actually driven and developed by entrepreneurs. When it comes to the economic development of our country, since the reform and opening up for more than 40 years, the main economic growth model is that entrepreneurs have changed the way of effective allocation of resources, and in the next new era, our economy will continue to achieve long-term developmentIt relies on the innovation of entrepreneurs. (Quote Mr. Zhang Weiying's point of view).
Technological progress and technological innovation are the soul of the worldI also wrote it on my ppt,It's in the application!Applying this matter, once you put it into real life, it will inevitably have a fierce collision with the relevant legal norms and systems, so whether the collision will inevitably lead to crime is a question worthy of our in-depth thinking!
Next, on the application of PPT, I mentioned the question of whether the application of face recognition technology to Internet financial lending business is equivalent to a crime.
I have now handled a case: my client in this case, who graduated from Tsinghua University with a bachelor's, master's and doctoral degree, is based on big data and artificial intelligence financial risk technology control, integrating traditional scoring with robot learning algorithms.
This is a very sophisticated technology, and it is also a very cutting-edge technology in the field of artificial intelligence, so such a person, after graduation, he first went to work in Ant Financial, and then felt that he had the ability to start a business, so he came out to start his own business, what to do?Because he studied the algorithms of finance and computer artificial intelligence, he did an Internet small loan business, that is, short-term loans, and the amount borrowed was not much, generally about 1,000 yuan, and the cycle was seven to ten days, but he was arrested, and after being caught, he was convicted of fraud and sentenced to 12 years. When I went to communicate with the procuratorate and the court's undertaker in this case, I said: Do you have to be convicted of fraud?I said, isn't he just lending!Isn't that right, then can it be illegal lending, and in the end, let's set an illegal business sentence of three or five years. Why?Because he is very young, he is only forty-three years old this year, you sentence him to 12 years, such a person who graduated from Tsinghua University with a bachelor's degree, master's degree and doctorate will be ruined in this life, for the development of artificial intelligence technology in our country, I personally think it is also a huge loss, I dare not say that counting on my fingers, such talents are very rare.
So I just mentioned that the key core of artificial intelligence technology lies in the application, and the application process will definitely collide with the current laws and regulations, and it is not necessary to fight as a crime after the collision, and this case is worthy of our in-depth thinking.
The annual meeting of our Criminology Research Association, if you don't say a few words about the professional terms related to criminology, it seems that the style is not enough, right, so after reading this case, let's go back and analyze, you see: the essence of crime is to infringe on legal interests and violate the norms, so from the essence of crime, we can summarize that there are two kinds of crimes: one is to kill people and endanger public safety;The second is to undermine the order of the market economy and obstruct the order of social management. To sum up crime, we divide it into natural crime and statutory crime.
In the process of the widespread application of artificial intelligence technology, it will inevitably collide with various national norms, and if this is not a "statutory crime", there will be more and more "legal crimes".
We must know that the specific manifestations of the crime of undermining the economic order directly depend on the provisions of various economic management laws and regulations. Artificial intelligence technology will be applied to various economic activities on a larger scale in the future, and if there is no technological innovation and application led by entrepreneurs in China, our artificial intelligence technology cannot be in the leading position in the world.
Therefore, I must emphasize here that the basic view of the social law school is that the purpose of law is to increase the good of society, not to sanction it. If in the era of artificial intelligence, our various economic management regulations restrict the technological innovation and application of entrepreneurs, resulting in a large number of "statutory crimes", this is the sadness of China's legislation!It's the sorrow of the whole society!It is the sorrow of our nation!
Therefore, today I would like to mention that in the face of the problem of entrepreneurial crime in the era of artificial intelligence, we need to make four reflections: Is there a boundary for technology application?Who should demarcate the borders?Is the application of AI technology strongly regulated or weakly regulated?Will the existing economic management regulations become an obstacle to technological innovation for entrepreneurs in the era of artificial intelligence?
We need to be wary of a strong regulatory view!This view is "to implement business licenses for the AI industry, to evaluate, review, and rate the research and development of enterprises, and to establish a licensing and supervision system for AI products", and "to apply the punishment of illegal business operations for violating the business licensing system".
The above-mentioned viewpoint is a typical concept of a planned economy, and a planned economy is a regulated economy. The great achievements we have made in reform and opening up over the past 40 years and more, whether it is economic development or technological progress, are they all controlled?Apparently not!Assuming that the above kind of "license" supervision is implemented, the development of China's artificial intelligence technology will inevitably be stagnant, and "criminals" will be everywhere.
Finally, to sum up: we need to be more vigilant against "excessive criminalization" of entrepreneurs in the era of artificial intelligenceWe should respect the "modest and calm character" of the criminal law and "open the net" to entrepreneurs' crimesPrevent the degradation of the penal condemnation function and cause huge risks to social governance.
Closing Remarks:
"There has never been a lack of extreme power in the history of our society, and the most lacking is the power of moderation. ”
Thank you!
Beijing TECO Law Firm.
Director of the Department of Appeals for Major Criminal Cases.
Social position
Director of Beijing Society of Criminology.
Hearing officer of the first branch of the Beijing Municipal People's Procuratorate for the review of criminal appeal cases.
Areas of Practice
1. Litigation business: criminal rights protection and accusation, criminal defense.
1.Criminal rights protection accusations mainly involve criminal prosecutions in cases of fund-raising fraud, illegal absorption of public deposits, and fraudulent bank loans.
2.Criminal defense, major criminal cases involving private entrepreneurs involved in crime and vice, ** crimes, embezzlement, contract fraud, usury for profit, extortion, illegal mining, obstruction of credit card management, collection of illegal debts, etc.
2. Non-litigation business areas: prevention and control of criminal risks of private enterprises and entrepreneurs.
Publish professional articles
*Criminal Cases of Private Entrepreneurs and Discussion on the Interdisciplinary Legal Practice of Civil and Criminal Matters
Guarantee Guarantee Makes Entrepreneurs "Bankrupt and Bankrupt" - Responsibility from the Perspective of Civil and Criminal Communication".
Main research directions:Theory and Practice of Intersecting Legal Relations between Civil and Criminal Laws.
Work-related social activities
*Guest speaker of "Law Lecture" on TV Channel 12.
Reshaping the Legal Thinking of Private Entrepreneurs" course writer and speaker.
Writer and lecturer of the course "Believing in the Power of Observation" in the whole process of criminal defense ---.
"Hemu Private Enterprise Property Rights Protection Criminal Defense and Accusation Forum".Co-sponsors.
The Hemu Forum is co-sponsored by the Enterprise Compliance Research Center of China University of Political Science and Law and other units).
Copyright Notice: The article is organized by the text of lawyer Sun Tao's keynote speech, first published by Hemu Forum, and released by Zhenyu Yihao Legal Service Platform.