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학술논문한중관계연구2022.10 발행

Comparative Legal Analysis on Deep Forgery in China’s Criminal Law

Comparative Legal Analysis on Deep Forgery in China’s Criminal Law

張光君(School of law, Southwest University of political science & law); 윤박(西南政法大學)

8권 3호, 109~139쪽

초록

Deep forgery technology is a new AI technology, which has brought security risks to the country and the people in non-traditional forms in the current application, and has emerged a variety of legal risks and legal issues that deserve attention. It has become the common trend of criminal law in various countries to use the criminal law anti system depth forgery technology to bring negative effects on public security and national security. Therefore, it is of great practical significance and theoretical value to summarize the international experience of criminal law in regulating deep forgery technology. Due to different national conditions and technology development and application, there are differences in criminal law regulation paths for deep forgery technology in various countries. Based on the strategic goal of maintaining and shaping national security in China’s “Fourteenth Five Year Plan”, this paper uses the security theory to compare the criminal law regulation paths of countries at home and abroad for deep forgery technology. From the three levels of the object, application process and user of the deep forgery technology, this paper compares the experience of various countries in applying criminal law to the deep forgery technology, and obtains the common characteristics of countries in criminal law regulation of the deep forgery technology. Through comparative analysis, this paper proposes three countermeasures to improve the criminal law regulation of deep forgery technology: first, strengthen the criminal law protection of personal biometric information, second, add the regulation of charges related to deep forgery technology, and third, clarify the criminal responsibility of the network platform. Through the improvement of the criminal law regulation path, it is beneficial to curb the negative impact of deep forgery technology, and maintain the bottom line of public security and national security.

Abstract

Deep forgery technology is a new AI technology, which has brought security risks to the country and the people in non-traditional forms in the current application, and has emerged a variety of legal risks and legal issues that deserve attention. It has become the common trend of criminal law in various countries to use the criminal law anti system depth forgery technology to bring negative effects on public security and national security. Therefore, it is of great practical significance and theoretical value to summarize the international experience of criminal law in regulating deep forgery technology. Due to different national conditions and technology development and application, there are differences in criminal law regulation paths for deep forgery technology in various countries. Based on the strategic goal of maintaining and shaping national security in China’s “Fourteenth Five Year Plan”, this paper uses the security theory to compare the criminal law regulation paths of countries at home and abroad for deep forgery technology. From the three levels of the object, application process and user of the deep forgery technology, this paper compares the experience of various countries in applying criminal law to the deep forgery technology, and obtains the common characteristics of countries in criminal law regulation of the deep forgery technology. Through comparative analysis, this paper proposes three countermeasures to improve the criminal law regulation of deep forgery technology: first, strengthen the criminal law protection of personal biometric information, second, add the regulation of charges related to deep forgery technology, and third, clarify the criminal responsibility of the network platform. Through the improvement of the criminal law regulation path, it is beneficial to curb the negative impact of deep forgery technology, and maintain the bottom line of public security and national security.

발행기관:
한중관계연구원
DOI:
http://dx.doi.org/10.33575/KCRR.2022.8.3.109
분류:
중국

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Comparative Legal Analysis on Deep Forgery in China’s Criminal Law | 한중관계연구 2022 | AskLaw | 애스크로 AI