Liu Xianquan, East China University of Political Science and Law: A New Approach to the Criminal Law Regulation of Space Crimes in the Yuan Dynasty

Liu Xianquan:Professor of East China University of Political Science and Law, Doctor of Law, President of Criminal Law Research Association of Shanghai Law Society

Main items

1、 Types of Metacosmic Space Crimes in Different Development Stages

2、 Comparison and Differentiation between Metacosmic Space Crime and Existing Crime Types

3、 The Impact of Metacosmic Space Crime on Traditional Criminal Law Theory

4、 The Path of Criminal Law Regulation of Metacosmic Space Crime

5、 Conclusion

abstract

Metacosmic space is different from real space and other virtual space. Metacosmic technology will bring new criminal risks in the development process. In the primary development stage of the meta universe technology, there may be fraud, fund-raising, pyramid selling and data crimes in the meta universe space. In the advanced development stage of meta cosmic technology, crimes of violating personal rights may occur in meta cosmic space. There are both commonalities and uniqueness between the metacosmic crime and the types of crimes such as cyber crime and artificial intelligence crime concerned by criminal law theory, which deserve special research rather than "academic reverie" and trigger a "new round of academic foam". Metacosmic space crime may impact the original form and content of some legal interests and traditional criminal behavior. The crime committed in the name of the meta cosmic space can be identified as a general crime. However, as far as the crimes in the meta cosmic space that may cause theoretical impact are concerned, the principle of objective interpretation should be properly used to identify relevant crimes on the premise of respecting the original intention of the legislation.

In October 2021, the famous social networking site Facebook officially announced that it was renamed Meta, and its founder Zuckerberg announced that the universe will be the next new world of human society. Following this, the concept stocks and products of meta universe appeared one after another, thus pushing the term "meta universe" to the forefront of the storm and becoming the most popular term and topic at present. In fact, the concept of meta universe first appeared in the 1992 science fiction "Avalanche", which can never be said to be a completely new vocabulary. However, up to now, the connotation and extension of the meta universe have changed to a certain extent, and there is no accurate definition that has been fully agreed upon theoretically. At present, it is basically agreed that the meta universe is a virtual space that interacts with the real world with the development of emerging digital technology and the support of reality expansion technology. As an interactive space between virtual and reality, the meta universe has characteristics different from the real world and other virtual spaces we have contacted in the past. However, in any case, the meta universe cannot be completely separated from the current rule world, and the governance of order and regulation of behavior in the meta universe space will inevitably become an important content in the future development of the meta universe. As an important role in the existing rule world, law will play a crucial role in the governance of order and regulation of behavior in the meta space. At the same time, as the safeguard law of other department laws, criminal law should also play an important role. The author intends to discuss the governance of the development of the meta cosmic space from the perspective of criminal law, focusing on the characteristics of the crime in the meta cosmic space, the possible impact of the crime in the meta cosmic space on the existing criminal law theory and the path of criminal law regulation.

1、 Types of Metacosmic Space Crimes in Different Development Stages

Like all scientific and technological developments, the development of meta cosmic technology is not achieved overnight. It should be recognized that the exploration of the meta universe technology is still in its infancy at this stage. With the improvement of relevant technologies and the establishment of relevant systems, the exploration of meta cosmic technology will develop to a higher stage. The criminal risk involved in the meta cosmic space is closely related to the development of the meta cosmic technology. At different stages of development, different types of crimes may occur in the meta cosmic space.

Metacosmic space crimes at the primary stage of development

The primary development of meta universe technology is mainly around the construction of virtual space. Although some scholars continue to emphasize that meta cosmic space is different from virtual space, it is undeniableThe virtuality is one of the characteristics of the meta space.In other words, in the primary development stage of the meta cosmic space, when the meta cosmic space cannot fully realize the true experience, virtuality will become the main feature of the meta cosmic space. The virtuality is not only the intuitive feeling that the meta cosmic space brings to users, but also an important embodiment of the difference between the meta cosmic space and the real space. As mentioned above, the meta cosmic space essentially narrows the distance between people, thus changing some relationships in people's social activities. As an emerging technology concept, it has obvious appeal to the public. However, at the initial stage of development, the public did not have a full understanding of the concept of meta cosmic space. In particular, the complexity of technologies such as artificial intelligence, blockchain, cloud computing and chips that meta cosmic space relies on has widened and deepened the gap between the general public and meta cosmic space. In this case, some criminals began to use the concept of meta space, a new technology, to commit fraud, fund-raising and pyramid selling crimes. For example, there are blockchain games under the banner of the meta universe, which require users to exchange their money into virtual currency in the game, suspected of fraud. As we all know, the basic structure of fraud crimes is that the perpetrator makes others fall into a wrong understanding and then disposes of property by fabricating facts and concealing the truth. As the concept of meta cosmic space has not been popularized at present, it will certainly leave a huge space for criminals to carry out the act of "fabricating facts and concealing the truth"; In addition, some people in the society are eager for money, so it is easy for these people to fall into a wrong understanding and cannot extricate themselves from the fraud. The superposition of these two factors will easily lead to the realization of the criminal purpose of the perpetrator of fraud crimes in the primary development stage of the meta universe technology. In addition, to some extent, the concept of meta cosmic space has a certain investment attribute, which can easily become a tool for actors to commit fund-raising crimes. For example, some projects carry out relevant financial activities in the name of the meta space. According to the provisions of China's current laws, many financial activities are still illegal fund-raising in nature. The fund-raising crimes in our criminal law are mainly the crime of illegally absorbing public deposits and the crime of fund-raising fraud. The difference between the two is whether the actor has the purpose of illegal possession. The vast majority of financial projects in the name of Metacosmic Space have not carried out businesses related to Metacosmic Space, and are suspected of fund-raising fraud. If criminals use the meta space in the form of pyramid schemes to attract investment, they will also be suspected of pyramid schemes.

In the primary development stage of the meta universe technology, the construction of the meta universe space is essentially a process of real space digitization, which needs to rely on massive data analysis technology. Whether it is the meta cosmic space itself or the connecting carrier between meta cosmic space and real space, in fact, it is composed of data. Therefore, at this stage, the development of the meta space may bring data crime risks. At present, China's criminal law adopts a multiple path system to regulate data crimes, that is, according to the characteristics of data, regulate data crimes through different charges scattered in different chapters of the Criminal Code. According to the broad concept of data crime, data crimes include not only traditional computer crimes, but also crimes involving property crimes and crimes against citizens' personal information. The relationship between meta space and data includes data collection, data storage and data utilization. Data collection is the source of data value creation. In order to build the meta space more quickly, the creator may illegally obtain data and illegally invade the database. As far as the current criminal law system is concerned, the crimes involved include the crime of illegally invading computer information system, the crime of illegally obtaining computer information system data, etc.

From the provisions of the criminal law, the relationship between computer information system and data is the relationship between storage and being stored, and between processing and being processed. It seems that data must be obtained by invading the computer system.However, this traditional mode has changed. Nowadays, the illegal acquisition of data does not need to destroy the computer information system as a prerequisite, and it can obtain the desired data without destroying any information system. Therefore, the legal interests infringed by the illegal access to data are also diversified. For example, the illegal access to citizens' personal information can constitute the crime of infringing citizens' personal information. Data storage is a necessary way to ensure the value created by data. The smooth operation of the meta cosmic space requires a lot of data storage. If the data is destroyed, it will certainly hinder or even destroy the development of the meta cosmic technology and cause more serious consequences; At the same time, data destruction may involve different types of crimes due to different categories. The use of data determines the direction and result of data value creation. In the meta space, data corresponds to resources, and the interests involved are also diversified. The administrator of the meta space has the obligation to protect the data. Once the administrator violates the relevant obligations or regulations, it may constitute a crime. For example, the second paragraph of Article 253-1 of the Criminal Law of China stipulates: "Those who, in violation of the relevant provisions of the State, sell or provide to others the personal information of citizens obtained in the course of performing their duties or providing services, shall be given a heavier punishment in accordance with the provisions of the preceding paragraph." At the same time, if the administrator of the meta space has the identity of a network service provider, it may constitute a crime of refusing to perform the obligation of information network security management in the case of improper management of user information data, resulting in user information leakage. Therefore, the development of the meta space has a high degree of dependence on data, and there are certain criminal risks in the process of data collection, storage and utilization.

Metacosmic Space Crime in Advanced Development Stage

In the advanced development stage of meta cosmic technology, meta cosmic space no longer only pursues the construction of virtual space, but pays more attention to the connection with real space, showing the characteristics of changing from virtual development to full development. Compared with the virtual space built by the traditional Internet, the biggest difference of the meta universe space is that it has a dimension of authentic interaction. Therefore, when the development of meta space reaches a certain stage, strengthening its authenticity will become its core goal. At the same time, the criminal risks involved in the meta space will also change, and new types of crimes against personal rights may occur.

In general, the development of science and technology has little impact on crimes against personal rights. The main reason is that crimes against personal rights are usually natural crimes, which are not easily affected by changes in time and space and political systems. However, the emergence of the meta universe technology is obviously revolutionary. It tries to break the limit of physical space and build a "twin" where real space and virtual space coexist. In the later stage of its development, it will certainly affect the whole social life form, thus, the establishment and structure of natural crimes in criminal law will also be affected. According to news reports, a woman recently reported that she had been "sexually harassed" on Horizon Worlds, a VR virtual social platform. A stranger kept touching her virtual character in the square, making her feel uncomfortable. In fact, sexual harassment often occurs in cyberspace. However, because the cyberspace can not realize the simulation of the human body, the traditional crime of violating the personal rights can not be established without the human body. With the continuous development of the meta cosmic space, the authenticity of the meta cosmic space has been continuously improved, especially with the continuous enhancement of the sense and experience of the human body in the meta cosmic space. At that time, the virtuality of virtual characters will decline and their authenticity will increase, and people can "copy" their bodies through the meta space. The behavior similar to "touching" the virtual character will also make the person who is "touched" feel more real. In this case, of course, it will lead to the actual occurrence of crimes against personal rights to some extent.

In addition, in the advanced development stage of meta cosmic technology, the criminal risk existing in the primary development stage of meta cosmic technology will continue to exist. However, with the improvement of the risk prevention mechanism of the meta space, the proportion of crimes committed in the place of the meta space, such as fraud, fund-raising and pyramid schemes, will decline to a certain extent. These types of crimes will no longer be the mainstream of crimes in the meta space under the advanced stage of development. At the same time, as the meta space still relies on data and related technologies at the advanced development stage, data crime will become a common criminal risk in the primary and advanced development stages of the meta space.

2、 Comparison and Differentiation between Metacosmic Space Crime and Existing Crime Types

When the concept of meta cosmic space appeared, it was proposed that meta cosmic space is no different from today's virtual space, and the legal research on meta cosmic is a "new round of academic foam". Why should we carry out special research on crimes in the meta space? What is the difference between the crime in meta space and other existing crime types, such as cyber crime? These questions must be answered before we start to discuss crimes in the meta space. The author believes that the discussion of meta space crime is not the so-called "academic reverie", much less the "new round of academic foam", because there is a clear distinction between meta space crime and other existing types of crime.The author will show the characteristics of the crime in the space of the meta universe by comparing the crime in the space of the meta universe with the crime in the network and the crime in the artificial intelligence.

First of all, compared with cybercrime, crimes in the meta space are authentic. With the rapid development of network technology, network crime has also become an important topic for discussion of criminal law theory. Compared with the traditional crime, network crime has changed in elements of the crime constitution, social harmfulness and crime form. The emergence of these variations has led to many obstacles in the identification process of network crimes. The development of network crime in the middle and late stages is no longer limited to taking the network as the object or tool of crime, but began to appear the "cyberspace" of crime, which led to a heated discussion on whether cyberspace can be directly applied to the conviction and sentencing model of real space in criminal law theory, such as whether the crime of causing trouble in public places can be applied to cyberspace. In recent years, the discussion on the industrialization, neutrality and chain of cybercrime is in full swing. These discussions about the changes of cybercrime actually originate from the virtuality of cyberspace. Metacosmic space also has the virtuality different from the real space, which makes the crimes in the meta cosmic space show similar characteristics with cyber crimes, for example, some criminal acts can break through space restrictions. Some crimes can occur in cyberspace or in the meta space, such as insults and slanders.

Although the development process of cyber crime also shows the characteristics of space and reality strengthening, this reality strengthening often does not lead to a "qualitative" transformation of cyber crime. The reality of cyberspace is enhanced mainly by increasing the sense of picture and practicability inside the space, such as improving the interface and adding payment application functions. The strengthening of the reality of meta cosmic space is not limited to the interior of space, but the application of various technologies to enhance the connection between space and the exterior of space, breaking the absolute gap between artificial space and real space. This strengthening of reality will gradually reach the level of authenticity. For example, general online games enable users to obtain a higher definition and more realistic game experience through exquisite page settings. However, the games in the meta space can realize the immersive experience of users through the true technology. Metacosmic space encourages users to participate in immersive social interaction through their bodies to obtain interaction and emotional experience. Metacosmic space users can feel the specific scene stimulus due to the technology embedded in the body, and can make corresponding feedback through body actions. At the same time of realizing the authenticity of the meta cosmic space, the crimes in the meta cosmic space can use the holographic technology to carry out the behaviors that cannot be carried out in the cyberspace, especially the criminal behaviors that need the cooperation of the five senses, which can include the crimes that violate the personal rights, and can also include other crimes that take the physical activity as necessary.

It can be seen that it is precisely because the technical characteristics of the meta cosmic space endow some meta cosmic crimes with the characteristics of authenticity, so we can not simply think that the meta cosmic space crimes are "upgraded" cyber crimes, but should strengthen the special research on the particularity of the meta cosmic space and its impact on crimes.

Secondly, compared with the AI crimes, crimes in meta space are special in scope and source. AI crime is a new type of crime with the development of AI technology. The author once took the lead in proposing that artificial intelligence is the "intelligence" that human beings can have only after they have created it, and that human "intelligence" includes the content of consciousness and will, that is, the ability to recognize and control their own behavior. According to the level of AI technology development, we divide the AI era into three different times: ordinary AI, weak AI and strong AI. It is precisely because AI products have more or less consciousness and will, so AI technology will affect, transfer or even change the identification of criminal offences and the assumption of criminal responsibility. In the era of weak AI, because weak AI products have the ability of deep learning, their developers or users may need to bear the responsibility for negligent crimes; Strong AI products are subject to dispute. At present, the discussion of AI crimes has concerns about real events, such as the study of criminal responsibility for traffic accidents caused by ICV; There are also concerns about the future development, such as the discussion on who should bear the criminal responsibility when the intelligent robot decides to implement the harmful act independently without program control. These discussions on AI crimes will, to a certain extent, guide or warn the development of AI industry. The similarities between the crimes in meta space and those in artificial intelligence lie in that they are both the "products" of emerging technologies, and are the focus of criminal law theory on the criminal risks that may be brought about by future scientific and technological development. In other words, because these technologies are "novel" and may also cause criminal risks, we put them together for comparative study. However, there are differences in the scope of existence or the source of particularity between the crimes in meta space and those in artificial intelligence.

First, in the scope of existence,For the development of meta universe technology, artificial intelligence technology plays an important role; However, due to the limitation of the application of the meta cosmic space, the main types of AI crimes (such as crimes involving intelligent connected vehicles, crimes involving "Da Vinci" surgical robots, etc.) are difficult to appear in the meta cosmic space. At the same time, in addition to artificial intelligence technology, the development of meta universe technology also requires the application of holographic technology, interactive technology, intelligent algorithms and other science and technology, so as to achieve the ultimate form of "virtual life". Artificial intelligence technology has helped mankind achieve a breakthrough in a certain field, such as medical field, driving field, etc. However, the meta universe technology not only hopes to achieve a breakthrough in a certain field, but also is committed to breaking through the limitations of real space, so as to achieve a comprehensive breakthrough in human values. Therefore, both AI crimes and meta space crimes are likely to challenge the traditional criminal law theory. The difference is only in the scope of the two. However, there may be some correlation between AI crimes and crimes in the meta space, that is, AI crimes may also occur in the meta space.

Second, on the source of particularity,As mentioned above, the author believes that the particularity of AI crimes is due to the degree of "intelligence" that human beings have only with the deepening of AI technology, which leads to AI products being able to "independently" analyze and make decisions under the control of procedures in the era of weak AI. This feature of AI products makes AI crimes show different characteristics from ordinary crimes in terms of responsibility sharing. Because of this, we should follow the principle of "discount" distribution when determining the relevant criminal responsibility of weak AI products, that is, according to the level of intelligence of products, we should divide the criminal responsibility of each relevant subject according to a certain proportion; When identifying the criminal liability of strong AI products, we need to consider whether the behavior is made according to the design of the procedure, so as to accurately identify the subject of criminal liability. Whether it is a weak AI product or a strong AI product, the source of its particularity is the "intelligence" that AI technology is creating or has been deepening. Different from the "intelligence" technology, the particularity of AI crimes comes from the simulation technology of real space. Simulation technology gives the meta universe a relatively independent space. The interpretation conclusion of the same criminal act occurred in different spaces may be different, for example, the criminal law identification of "space" indecent act is controversial. In this regard, the author believes that our research on crimes in the meta space should focus on the particularity of simulation technology.

It can be seen from the comparison that although there are similarities between the crimes in meta cosmic space and new types of crimes such as cyber crimes and artificial intelligence crimes, the crimes in meta cosmic space also show their unique characteristics, including authenticity and specific spatial scope. The emergence of these characteristics may have a certain impact on the existing criminal law theory, so it is necessary to make a special study on the crime in the meta universe, which is definitely not the "academic foam" brought about by the so-called "academic reverie".

3、 The Impact of Metacosmic Space Crime on Traditional Criminal Law Theory

Metacosmic technology may have different types of criminal risks at different stages of development. Just as cyberspace is not a "space beyond the law", so is meta space. The criminal law should design or take certain measures to prevent the criminal risks brought about by the development of meta cosmic technology. Metacosmic space crimes have characteristics different from other types of crimes mentioned above, which may impact the existing criminal law theory, and may lead to a "vacuum zone" or even a "crisis" in the criminal law's regulation of serious harmful social acts in the meta cosmic space.

The Impact of Metacosmic Space Crime on the Inherent Form of Legal Interest

The legal interest in criminal law theory refers to the interest protected by criminal law and infringed by criminal acts. Legal interest is of great significance to criminal law legislation and judicature. In legislation, the legislative view of legal interest orientation believes that legal interest has guiding significance for initiating legislation and limiting legislation. The traditional theory also believes that legal interest is the classification standard of various specific crimes in the specific provisions of criminal law in China. In the judicial field, the clarification of legal interests can guide the interpretation of criminal law and help to correctly understand and apply criminal norms. The cognizance of the crime in the meta cosmic space can not be separated from the confirmation of legal interests. Metacosmic space is the product of the deep connection between virtual space and real space. This feature changes the inherent form of legal interests in the meta cosmic space, which will inevitably lead to the determination of criminal responsibility or confusion in the determination of crimes.

According to the different subjects of legal interests, legal interests can generally be divided into individual legal interests and collective legal interests. Personal legal interest refers to the personal interests of citizens, including the interests of life law, property law and freedom law. The collective legal interest, also known as the super personal legal interest, refers to the public interests shared by social members, including national legal interests, social legal interests, etc. The distinction between individual legal interests and collective legal interests plays an important role in defining and limiting the scope of punishment of criminal law. At the same time, individual legal interests and collective legal interests may change in different natures in the meta space.

First, the form of some personal legal interests may be extended.Meta universe technology endows mankind with a digital identity. Having a digital identity means that mankind can realize various activities in the meta universe space through digital roles without the participation of the human body. As a result, the personal interests of the meta space no longer all need or highly depend on entities. The traditional personal law benefits are based on the body itself, such as life law benefits and health law benefits can not be separated from the human body itself. It can be said that without the body itself, many individual legal interests no longer exist. However, one of the main purposes of the emergence of the meta space is to get rid of the limitation of the human body and realize the expansion of the human body in the digital space. Will this expansion extend the form of personal legal interest? Berkeley's classic saying "Being is being perceived" puts forward the separation of matter and existence from the cognitive level. In the meta space, the connection between the digital role and the human body is the key to determine whether the personal legal interest can be extended. The basic reason why personal legal interest is highly dependent on the body is that many personal legal interests can only exist in the form of connection with the body. For example, life law benefits can exist only when life exists. If this high dependence cannot be reflected in the digital role, or the digital role cannot reflect the basic content of personal legal interest, then the personal legal interest will not be extended because of the emergence of digital role. For example, if a digital character does not have life, then the benefits of life law cannot exist in the meta space. However, some personal legal interests may be embodied in digital roles due to the emergence of relevant technologies. The most typical representative is sensory experience.

Roblox, which created the meta universe game platform, once proposed that the meta universe space has eight characteristics: identity, friends, immersion, low latency, diversity, anywhere, economy and civilization.These eight characteristics have become the focus of the heated discussion on the meta cosmic space. Among them, many features can already be reflected in cyberspace, but immersion and other features can only be realized or further improved through the construction technology of the meta space. The meta space can make the body feel the scene stimulus through sensors and VR and other terminal facilities connected to different parts of the body, and at the same time, the body's actions can be fed back to the scene to achieve information exchange. The author believes that when digital roles in the meta space can obtain human sensory experience, some personal legal interests can be extended in form, that is, infringing on the interests of individuals corresponding to digital roles can become a form of infringing on personal legal interests. For example, in the case of "sexual harassment" in the space between VR virtual social platforms, if the meta universe space has realized the deep connection between digital characters and human bodies, then the invasion of digital characters can be fully fed back on the human body, that is, the human body can feel the invasion of digital characters. At this time, such violations reach a certain degree of severity, which may completely constitute compulsory indecency, insult and other related crimes.

Secondly, the content of some collective legal interests may be expanded.In addition to individual legal interest, collective legal interest is also an important part of criminal law protection in China. The necessity of criminal law to protect the collective legal interests lies in ensuring the basic freedom of people by maintaining order. Individual freedom can not exist alone. It relies on collective legal interests, and the protection of collective legal interests realizes greater freedom beyond independent individual freedom. Although the collective legal interest is not a simple collection of individual legal interest, the infringement of the collective legal interest will eventually affect the individual legal interest. Therefore, the protection of collective legal interests can be regarded as the embodiment of the pre protection of individual legal interests; At the same time, protecting collective legal interests is also considered to be an effective tool to deal with scientific and technological development and social risks. Modern society is faced with various risks, and the emergence of new social risks will change the content of collective legal interests accordingly. For example, in view of the emergence and development of network crimes, the criminal law has added crimes such as helping information network criminal activities, refusing to perform the obligation of information network security management, and has also protected the network management order as a social management order. The development of meta cosmic technology and meta cosmic space may form a unique framework of rules and order, which may be managed and standardized by specialized technology in the future. However, if this management mechanism is damaged, it will cause double damage to the meta space and real space. Therefore, the management order and safety of the meta space also need to be protected by the necessary criminal law, which is not directly reflected in the criminal law at present. In addition, based on the underlying technologies such as blockchain, smart contract and chained storage, the meta space breaks the traditional governance model. If this governance model eventually forms a decentralized power governance model, it will threaten the social management order in the real space and needs to be controlled. Therefore, when the meta space goes deep into social life and closely interacts with real space, the content of collective legal interests represented by social management order needs to be further expanded to cover the management order and security of the meta space.

The Impact of Metacosmic Space Crime on Criminal Behavior

As mentioned earlier, the meta space has the virtuality different from the real space, and also has the authenticity different from other virtual spaces such as the network. These characteristics will make new changes in the way of criminal acts that occur in the meta cosmic space, and may completely impact the identification of traditional criminal acts. It should be acknowledged that the behavior of many crimes has formed a relatively fixed form of expression in the traditional criminal law theory, but may show new changes in the meta space.

On the one hand, the criminal behavior of fraud may change.According to traditional criminal law theory, fraud refers to the behavior that the perpetrator uses the method of fabricating facts and concealing the truth to make the deceived have a wrong understanding and then deliver property. For the establishment of fraud, it is very important whether there is a wrong understanding. Generally speaking, the misconception of fraud refers to the whole fact or all facts. However, the author believes that the judgment of misconception may change due to the change of social environment and the emergence of emerging technologies. For example, as AI robots begin to deal with some affairs instead of human beings, whether AI robots can fall into a wrong understanding has become a hot topic in the theoretical discussion of criminal law. Some scholars believe that machines cannot be "deceived", and only natural persons can fall into a wrong understanding. This view ignores that in different social environments, AI robots have different social functions due to their different "intelligence". In modern society, artificial intelligence robots can be "deceived". Therefore, after the machine becomes intelligent, the misconception caused by fraud should include the judgment error of the AI robot. For example, the ATM machine mistakenly believes that the perpetrator who uses another's account to transfer money is the owner of the account because the perpetrator has entered the correct account number and password, and pays the perpetrator's money "voluntarily". In China's criminal legislation and justice, the perpetrator is recognized as constituting the crime of credit card fraud.

The author believes that the appearance of the meta space will probably change the behavior of fraud crimes again.

First, in the absence of specific clear instructions, digital roles in the meta space may have a wrong understanding.The artificial intelligence robot "cheated" mentioned above is based on specific and clear instructions. For example, in the case that the above-mentioned actor uses others' account password to withdraw money on the ATM, the ATM "cheated" is to get clear withdrawal operation instructions. However, in the meta space, in order to maximize the scope and ability of the digital role, the digital role can selectively "act" within the framework allowed by the algorithm, instead of operating according to specific, completely clear instructions. For example, digital characters in the meta space can have some autonomy when purchasing goods, that is, they can make choices within a certain range, so as to expand the scope of activities of digital characters in consumption. At this time, the "action" of the digital role is not unique, but is controlled by the algorithm, and the "deception" of the digital role is also completed by the algorithm. Therefore, in the meta space, the fraud against digital characters is essentially an algorithm's "deception" against the algorithm, which is very different from the traditional fraud behavior.

Second, in the case of meta cosmic space, the understanding of "reality" may be different from that of real space.As we all know, "cheating" is the tampering or concealment of "truth". Therefore, the understanding of "truth" will certainly affect or even determine the identification of "cheating". Fictitious facts and concealment of the truth in fraud crimes are both concealments and changes of the "real" situation, which are important characteristics different from other crimes against property. Although the purpose of constructing the meta cosmic space is to achieve "all truth" as much as possible, there are differences between "all truth" and "reality". The meta cosmic space still has the virtual characteristics different from the real space. At this time, the judgment of truth and falsehood is not exactly the same as the real space. In particular, the "truth" considered by the digital role and the "truth" considered by its counterpart's ontology may be misplaced due to the participation of technology. At this time, whether it constitutes "cheating" and the object of "cheating" may change, which will affect the judgment of "cheating" in fraud crimes.

On the other hand, the criminal behavior of physical contact may change.The crime of physical contact refers to a kind of crime that the perpetrator needs to contact the victim physically under normal circumstances. Here, physical contact generally refers to the requirements for criminal conduct, such as rape, forced indecency, insult, indecency against children, kidnapping, etc. It should be noted that although it is virtually impossible to achieve physical contact between people in cyberspace, there is now an expanded interpretation of traditional physical contact crimes in the identification of cyber crimes. For example, the guiding case published by the Supreme People's Procuratorate found that, in the network environment, the act of asking children to transmit nude photos, although they did not have direct physical contact with the murdered children for the purpose of satisfying sexual stimulation, could be identified as the crime of indecency against children. In theory, there are also views that online indecency is equivalent to offline indecency, and indecency in the air should be punished. It can be seen that in the virtual space, the crime of physical contact is not completely inapplicable. Compared with other virtual spaces, the meta cosmic space has authenticity, and its value is embodied in its integration with the real world, so that the meta cosmic space always serves the needs of the real economy, society and governance. Therefore, the meta cosmic space can not only provide a digital communication and exchange platform like cyberspace, but also need to apply a multi sensory simulation system including touch technology to help people perceive the world in the meta cosmic space and obtain real experience. In this way, a new type of contact mode can take place in the meta space, specifically, users can obtain a simulated contact experience through touch technology, that is, form indirect body contact. In other words, contact behavior has been formally expanded in the meta space, and this change will lead to the further expansion of the criminal behavior of physical contact in the meta space. The occurrence of the above-mentioned "sexual harassment" event in the space indicates that the new contact mode in the space of the universe is completely likely to cause the infringement of relevant legal interests, that is, the new contact mode can also hurt the victim's sexual shame. It is worth noting that even though the meta space has developed new contact methods by using touch technology, not all crimes involving physical contact can be extended to the meta space. For example, the crime of rape will not appear in the meta space because of the emergence of new contact methods. The reason is that the crime of rape protects the specific sexual rights of women. It seems that the violation of this specific sexual rights cannot be realized only through the simulation touch technology. Therefore, whether the crimes of physical contact can occur in the meta space due to tactile technology depends not only on the development of the tactile technology in the meta space, especially the simulation of the tactile, but also on whether the legal interests protected by the crime can be infringed through new contact methods.

4、 The Path of Criminal Law Regulation of Metacosmic Space Crime

In the face of various criminal risks in the meta space, criminal law theory should actively study and think about the regulatory path of crimes in the meta space. In fact, different types of crimes in the meta space have different characteristics, which need to be divided and governed through targeted regulatory ideas.

First of all, crimes committed in the name of meta cosmic space are recognized as ordinary crimes. It should be noted that many crimes in the space of the meta universe make use of the emerging concept of "meta universe", especially in the primary stage of the development of the technology of the meta universe. A series of crimes involving fraud, fund-raising and pyramid selling all belong to crimes in the name of the space of the meta universe. This kind of crime mainly makes use of the objective situation that the people do not know and understand the meta cosmic space, and does not really use the key technology of the meta cosmic space. It is a crime of "pseudo meta cosmic space". In February 2022, the China Banking and Insurance Regulatory Commission issued the Notice on Preventing the Risk of Illegal Fund Raising in the Name of "Meta Universe", which pointed out that criminals use the name of "Meta Universe" to fabricate false investment projects in the Meta Universe, cheat with the blockchain game of the Meta Universe, maliciously hype the real estate of the Meta Universe to win money, and engage in illegal profit making activities in the disguised form of the virtual currency of the Meta Universe. These acts are crimes committed in the name of meta space. Although such crimes are related to the space of the universe, the relevant provisions of the current criminal law are sufficient to regulate such acts. There is no need to add new charges in criminal legislation. In criminal judicial practice, it is only necessary to identify such crimes according to general crimes. The reason is:

On the one hand, the role of the concept of meta space in such crimes is just a criminal tool.For fraud, fund-raising and pyramid selling crimes committed in the name of meta cosmic space, the concept of meta cosmic space is a criminal tool to help criminals gain the trust of others. In general, the change of criminal tools will not or rarely cause changes in the identification of the nature of criminal acts. For example, there is no distinction between killing with a knife and killing with a stick in the determination of the nature of the crime, because there is only intentional homicide in the criminal law, not "gun homicide" and "stick homicide". There is no distinction between fraud in the name of the Yuan universe and fraud in other names. Some people may think that under the current market situation, the amount of fund-raising or fraud attracted by the concept of meta space may be more than that of other fund-raising and fraud crimes. However, the author believes that the amount of the crime will not affect the determination of the nature of the crime, that is, we still need to characterize the behavior of the perpetrator according to the fund-raising fraud or fraud crime, and punish the perpetrator according to the actual amount of fraud. In February 2022, the Supreme People's Court revised the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund Raising, which includes the identification of "illegal absorption of funds by means of online lending, investment into shares, virtual currency transactions, etc.", "illegal absorption of funds by means of entrusted financing, financing lease, etc." The behavior of "illegally absorbing funds by providing 'elderly care services', investing in' elderly care projects', selling 'elderly products', etc." can be characterized as illegal absorption of public deposits. This content actually reflects that the name of fund-raising crime should not and will not affect the identification of crime, that is, the change of the name of fund-raising cannot affect the identification of the nature of illegal absorption of public deposits. The same is true of crimes committed in the name of the meta cosmic space. The nature of fraud, fund-raising and pyramid selling crimes committed in the name of the meta cosmic space is the same as other fraud, fund-raising and pyramid selling crimes, and their characterization should not be different from that of traditional crimes.

On the other hand, the intervention of the concept of meta cosmic space will not change the extent of legal interest infringement of such criminal acts.After some criminal acts are moved from offline to online, their social harmfulness has undergone "quantitative change", for example, spreading illegal and criminal information in cyberspace. This is due to the fact that cyberspace provides such information dissemination criminal acts with communication assistance that offline space does not have. However, for crimes committed in the name of meta cosmic space, the assistance provided by meta cosmic space only comes from its concept itself, and other concepts have the same nature and strength. Therefore, the involvement of the concept of meta cosmic space does not and will not change the extent to which the fraud, fund-raising, pyramid selling and other criminal acts in the name of meta cosmic space, which occurred at the primary stage of the development of meta cosmic technology, infringe the legal interests. In judicial practice, there is no need to make a special identification, just conviction and sentencing according to the general crimes. Although crimes committed in the name of meta cosmic space can be identified as ordinary crimes, it does not mean that the research on such crimes is of no value and significance. Bringing such crimes into the discussion scope of crimes in the space of the meta universe can help us to recognize the characteristics and essence of crimes such as fraud, fund-raising, pyramid selling, etc. that have been specifically packaged, which has a strong suggestive significance. At the same time, distinguishing such crimes from other crimes in the meta space that may impact the existing criminal law theory can achieve more refined research on crimes in the meta space.

Secondly, we should properly use the objective interpretation principle to identify the crime in the meta space.The author believes that how to scientifically and reasonably identify the crime in the meta space actually involves the choice of the interpretation position of the criminal law. Especially for crimes that occurred in the advanced development stage of meta cosmic technology, different conclusions may be drawn due to different choices of interpretation positions.There are mainly three views on the choice of the position of criminal law interpretation in criminal law theory: subjective interpretation, objective interpretation and compromise.

According to the theory of subjective interpretation, the interpretation of criminal law should be based on the original intention of legislation, that is, the intention of legislators when formulating laws. The subjective interpretation theory strictly abides by the restrictive effect of the original intention of legislation on the interpretation of criminal law, and believes that the normative meaning of the provisions of criminal law will not change with the change of social environment. The theory of objective interpretation holds that the meaning of law changes with the times, so the interpretation of law varies with the times.

In order to make the interpretation result conform to the development and change of social environment, the objective interpretation theory recognizes that the interpretation of criminal law can be different from that of legislation at that time. The compromise theory holds that whether the criminal law interpretation adopts subjective interpretation or objective interpretation should be determined according to the specific situation. There are different views within the compromise theory. For example, some scholars advocate "subjective and objective interpretation", that is, to implement the requirements of "original meaning interpretation of language of criminal law articles" in the application of objective interpretation. Some scholars have also made a broad understanding of the original intention of legislation, believing that the original intention of legislation is only a "holistic description of the normative objectives", and rigid subjective interpretation cannot be used in the specific interpretation process.

The author believes that the traditional subjective interpretation is difficult to adapt to the changes brought about by the development of science and technology to social life, and sticking to the traditional subjective interpretation is not conducive to the criminal law playing the basic function of social security in the era of science and technology.However, the legislation must have original intention, and the original intention of legislation should be respected and cannot be changed at will, otherwise it is a departure from the principle of legality. In this regard, the content of subjective interpretation should not be completely abandoned, and the content of respecting the original intention of legislation advocated in the subjective interpretation should be retained. When the original intention of legislation is clear, criminal law interpretation should be carried out according to the original intention of legislation. However, "time is not static. At the time of legislation, those who act in the way expected by the legislator may later act in a way that is not expected by the legislator or that is not recognized by the legislator". In many cases, the original intention of legislation is unknown, and legislators cannot predict the development and changes of the future society. At this time, conditional objective interpretation should be adopted. Without revision of the legislation, legislators cannot predict the new criminal risks that the rapid development of the meta space will bring. At this time, it should be objectively explained according to the specific situation of the development of the meta space and criminal acts. However, this objective interpretation is conditional and not unlimited or only depends on the subjective attitude of the interpreter. The objective interpretation of the crime in the meta space needs to be limited by the text of the criminal law itself, and it also needs other theoretical interpretation methods to reach a reasonable interpretation conclusion. Specifically, the objective interpretation of the crime in the meta space mainly includes the following two aspects.

First, bring the form or content of legal interests expanded and extended in the meta space into the protection scope of criminal law.As mentioned above, crimes in the meta cosmic space may impact the inherent form of legal interests, and both individual legal interests and collective legal interests will change in the meta cosmic space. Among them, the form of individual legal interest may be extended, and the content of collective legal interest may be expanded. At this time, the form or content of the expanded and extended legal interest should also be included in the protection scope of criminal law. For example, when digital roles and human bodies are highly connected, and human bodies can obtain the touch experience of digital roles, it is necessary to bring the sexual shame of digital roles corresponding to human bodies into the protection scope of criminal law. For another example, after the development of the meta universe technology has formed a specific form, we should consider understanding the management order of the meta universe space as a part of the social management order, and then bring it into the protection scope of the criminal law. Otherwise, the meta universe space will become an "extra legal space" or even a "hotbed" for criminals to implement relevant criminal acts and escape criminal sanctions in a disguised form.

Second, expand the interpretation of some criminal acts. The expanded interpretation in criminal law refers to the expanded interpretation within the scope of "possible semantics" stipulated in criminal law.Here, the scope of "possible semantics" generally refers to the semantic range corresponding to the provisions of criminal law. The interpretation within the scope of "possible semantics" of the criminal law provisions means that there is no significant semantic difference between the interpretation conclusion and the criminal law provisions. With the increase of social risks, the objective interpretation of the judgment on the development and change of the social environment is likely to lead to the expansion of the majority of the interpretation conclusions obtained through the objective interpretation. Therefore, many objective interpretation conclusions are suspected of breaking through the principle of legality, that is, breaking through the scope of "possible semantics" of criminal law. It should be recognized that, under the restriction of the interpretation of liberal arts and science, many criminal acts have already had the basic connotation of consensus in the real space. However, with the emergence of the meta space, the criminal law interpretation of these criminal acts should not be complacent, otherwise the meta space will become a criminal hotbed for escaping supervision. In fact, many forms of criminal behavior have changed in the network era, so in the more advanced technology of the meta universe space, the necessary objective interpretation of criminal behavior should be more in line with the scope that the general public can accept. For example, in the era of the Internet, indecency has been interpreted as a form of indecency. Non direct contact indecency will also occur in the meta space. Although there are differences between such acts of indecency and those in traditional theories, in view of the fact that the tactile technology used in the space of the meta universe can achieve the same feeling as indirect contact and direct contact, such acts of indecency of indirect contact should be interpreted as indecency in the criminal law.

The advantage of objective interpretation lies in that it can protect the stability of criminal law and give full play to the function of criminal law to protect society. As far as legislators are concerned, it is inevitable that the legislation does not provide for the criminal risks that have not yet appeared, and we cannot deduce the attitude of legislators towards risk prevention. In other words, we cannot simply believe that the regulation of this new type of crime does not conform to the original legislative intent because the legislator does not admit that the act of creating this risk may constitute a crime. When the original intention of the legislation is unclear, the interpretation according to the objective expression of the intention of the criminal law not only meets the basic requirements of a legally prescribed punishment for a specified crime, but also can obtain reasonable interpretation results according to the changes in the social environment. As mentioned above, the meta cosmic space is not a "place beyond the law", and it should not become a gray area for crimes because the current criminal law does not mention the meta cosmic space or the original meaning of the relevant legislation is unclear. In essence, objective interpretation can only represent a choice of interpretation position, and it cannot be said that accurate interpretation conclusions can be directly obtained through objective interpretation. In the conditional and objective interpretation of crimes in the meta space, we need to use all kinds of interpretation methods to obtain scientific and appropriate interpretation conclusions. Therefore, it is unnecessary to have too much hostility to objective interpretation in the case of meta cosmic space, and blindly believe that the conclusion of objective interpretation is arbitrary and random. In fact, when necessary, the conditional and objective interpretation of crimes in the meta space not only meets the practical needs of criminal law regulation in the development of high-tech, but also reflects the dynamic value of criminal law provisions.

5、 Conclusion

It is undeniable that at this stage, the heated discussion on the meta cosmic space in theory has been affected to some extent by the capital operation and media reports,However, the characteristics of meta space itself, which are different from both real space and cyberspace, do bring new types of criminal risks.Whether or not the meta space can finally form the social form that people hope for, it should not be divorced from the legal regulation and related management order. Metacosmic space can only break through some physical restrictions, but can not break through legal restrictions; Otherwise, it will not be allowed by social life and management order. The development of the meta universe technology, while changing the way of social life, may also have an impact on the traditional criminal identification model. This impact may not be obvious in the primary development stage of the meta universe technology, that is, the crimes of fraud and fund-raising in the primary development stage usually only need to be identified as ordinary crimes. Therefore, in theory, many people will think that there is no need to carry out special research on crimes in the meta space, or even resent the research in this field.

However, in the advanced development stage of the meta cosmic technology, through various cutting-edge technologies to enhance the sense of reality, the meta cosmic space crime can realize the changes in the form and content of legal interests and the expansion of criminal behavior. At this point, how to regulate this new type of crime is a problem that must be considered and discussed in criminal law theory. In fact, in the face of the emergence and change of new technologies, criminal law theory has not been sitting on the sidelines. For example, the development of artificial intelligence technology has promoted the research on artificial intelligence crimes, and the development of network technology has promoted the research on network crimes. Faced with the constant variation and upgrading of AI crimes and cyber crimes, the criminal law theory continues to provide coping strategies and paths, becoming an effective weapon to combat AI crimes and cyber crimes. It can be considered that the in-depth study of criminal law theory on AI crimes and cyber crimes has made important contributions to the production and application of AI as well as the maintenance of network stability, ensuring that AI technologies and cyber technologies can not only bring benefits to human society, but also maintain the basic security and stability of society.

In recent years, the emergence of various emerging technologies such as big data and cloud computing has also made criminal law theory gradually face up to the changes in criminal risks caused by various emerging high-tech, and actively explore the methods, strategies and paths of criminal law response. For example, the research on the distribution of criminal responsibility for automatic driving accidents is objectively helpful to solve the difficulty of judicial determination of such accidents. Similarly,For the development of meta universe, the discussion of criminal law theory is not and should not be an "academic foam". The necessary discussion of criminal law theory will be conducive to the healthy development of meta universe technology in the future.This is not an exaggeration of the negative effects of the meta cosmic space, but a manifestation of preventive thinking.