Artificial intelligence law research should guard against the "academic foam", and the construction of artificial intelligence criminal rule of law should be based on the real problems of China’s local practice, focusing on the harmful behaviors of artificial intelligence that can really challenge China’s criminal law. The new AI crime belongs to typical administrative crime. In the early stage of the development of AI technology, the AI criminal law should shape the administrative pre-legislative method, specifically including two legislative models: "pre-administrative illegality" and "pre-administrative procedure". Among them, "administrative" refers to the illegal administrative evaluation in the static normative level and the procedural and experiential administrative evaluation in the implementation of dynamic administrative procedures of the constituent elements such as AI behavior, while "prepositive" refers to administrative evaluation precedes criminal responsibility determination of the AI criminal behavior. Compared with the legislation of information network crime and computer system crime, the practical characteristics of the harm of AI technology lie in the deep learning of AI and the extension of algorithm technology to human activities in time and space. Therefore, in order to embody the characteristics of administrative pre-legislation in AI criminal law system, legislators need to pay special attention to comprehensive and dual rules. Administrative pre-legislation helps to ensure the professionalism of criminal liability, focusing on the technical characteristics of AI challenges, and achieving the level evaluation of different algorithmic technology hazards. When designing specific administrative pre-legislation rules, legislators need to apply the characteristics of the rules to the development of AI technology and the testing, production, sales and use of AI products. To be specific, first, for the legislation of administrative illegality, criminal law should focus on the evaluation of the sales and use stages of AI products, set up abstract dangerous crimes for the sales of AI products that do not meet administrative standards, and add new charges or relevant provisions covering administrative illegality norms for the dangerous acts of manufacturing safety accidents, dangerous driving, illegal invasion, and system destruction during the use stage of AI products. Second, for the legislation of administrative procedure, criminal law should focus on the evaluation of the research and development stage of AI technology, as well as the testing, production, sales and use stage of AI products. The pre-legislation of administrative procedures plays an essential role in the supervision of public services of administrative acts. Administrative licensing, registration, ordering and other procedures can ensure the development of AI technology and the testing, production, sales and use of products, in line with human ethics and technical safety. The pre-legislation of administrative procedures requires that criminal law should set up relevant charges separately, and take administrative licensing, registration, order and other procedures as the criminal law regulation buffer and risk prevention means in the early stage of the development of AI technology.