Research On Criminal Subject Qualification Of Artificial Intelligence Body

Artificial Intelligence is an emerging cross-disciplinary technical science that relates to theories,methods,techniques and applications of using computer to simulate or extend human intelligence,involving computer science,statistics,linguistics,physiology,psychology and many other fields.But the artificial intelligence body is the application of artificial intelligence,that is,the artificial intelligence product,which is the collective name of the intelligent product collection that can simulate human beings.At present,artificial intelligence is generally divided into Artificial Narrow Intelligence and Artificial General Intelligence in theory.Artificial Narrow Intelligence refers to the intelligence to realize logical judgment,data storage,search,etc.of the machine through programming.These machines are just simulating intelligence and don't have the real sense of intelligence.While Artificial General Intelligence refers to making the machine capable of giving rise to consciousness and creating artificial intelligence equal to the human intelligence or exceeding its level.It is the real sense of intelligence.There is also the saying of Artificial Super Intelligence,that is,artificial intelligence that is much smarter than the smartest human brain in almost all fields.Artificial intelligence body has the characteristics of autonomy,renewability and is widely used and grows rapidly.In the era of AI,there are three kinds of crime about the artificial intelligence body.The first is the use of them as guilty tools;the second is based on their program damage or caused by misoperation;the third is the situation in which they commit crimes independently for non-human reasons.As to whether the artificial intelligence body can qualify as the subject of criminal legal relations,there are two main viewpoints in the academy of criminal law:affirmative and negative.The theoretical basis for natural person to become criminal subject in China's criminal law is mainly determined by their free will.Recognizing the criminal subject qualification of legal entity challenges the criminal law anthropocentrism which holds the point that only human beings can qualify for subject of crime.The theoretical basis of the criminal subject should continue to evolve and change with the progress of the times.At present,we must adhere to non-anthropocentrism in the theory of criminal subject.Artificial intelligence body has the legal responsibility capacity because of its free will and ability to identify and control.It also has the crime ability and the punishability.Therefore,AI physically embodied in a robotics unit should be considered as the subject of crime.