AI technology is playing an increasingly important role in criminal justice. China is also deeply integrating AI with technology justice, not only releasing a series of guiding policies, laws and regulations, but also applying AI technology in the whole litigation stage of examination and prosecution and court trial. In addition to this, AI-driven evidence is also one of the important applications. However, AI technology also gives rise to urgent issues and challenges, such as algorithmic discrimination and privacy violation. These issues may infringe on the fundamental rights of citizens (e.g., equality, privacy, communications freedom and confidentiality). In order to achieve better application of AI technologies under the premise of risk control, the following solutions are currently proposed by Chinese academics: (1) when discrimination arises, algorithmic explanation is first conducted, and class action lawsuits can be filed if the algorithm user refuses to explain; (2) equality between prosecution and defense is achieved through information disclosure and information disclosure; (3) due process restricts mandatory measures to protect citizens' personal information rights; (4) judicial review system should be established to protect privacy, etc.