Subject Theory Of Criminal Acts Of Artificial Intelligence

The subjective status of artificial intelligence in criminal law is related to the follow-up study of artificial intelligence in criminal law.The subjective theory of artificial intelligence criminal law has laid the foundation for further research on artificial intelligence in criminal law.First of all,the artificial intelligence can become the subject of criminal law because it meets the ethical requirements of the criminal law on the subject of the act.The artificial intelligence based on the algorithm basis of artificial intelligence and the design of the ethical subject path can accept the ethical requirements of the criminal law on the subject of behavior.Judging from the ethical setting of the artificial intelligence itself,in the relationship between the human and the artificial intelligence,the ethical subject attribute of the artificial intelligence can also be affirmed.Secondly,the artificial intelligence can become the subject of criminal law because it can accept the criminal law norm but it is contrary to the criminal law.The subject of criminal law should be the subject that can accept and follow the rules of criminal law.The algorithmic basis of artificial intelligence,the relationship between the attributes of criminal law and the symbolism of Hume is closely related,which means that the acceptance and compliance of artificial intelligence by criminal agents is a default setting.At the same time,the theoretical "black box" of artificial intelligence itself causes the artificial intelligence to have birth defects in terms of security,which means that the criminal law specification should include the artificial intelligence as the subject of behavior in the scope of criminal law.For criminal law,the regulation of artificial intelligence is desirable,and such regulation itself contains duality.That is to say,the criminal law contains the regulation of the artificial intelligence itself and the regulation of the research team behind it in the object of regulation,which is in line with the criminal law of criminal compliance.The duality of the regulation of artificial intelligence also includes the regulation of the behavior of artificial intelligence,which also means the discipline of taking criminal measures.At the same time,the risk prevention of artificial intelligence is also subject to objective responsibility.Thirdly,comparing artificial intelligence with natural persons who are one of the subjects of criminal law behavior,we can find that artificial intelligence has the theoretical basis of criminal law about the image of human beings.It is not sufficient to negate the behavioral subjectivity of artificial intelligence based solely on rational people with freewill.The criteria for judging the image of the person who is the subject of the behavior of the artificial agent should adopt a multi-standard,from the perspective of rational people,from the perspective of the dangerous person,and from the perspective of the normative consciousness.The theory of the image of people other than criminal law provides the way to open the door of the artificial intelligence to obtain the image of the person in the criminal law.For rational people,artificial intelligence does not need to fully conform to the cognitive and will elements of free will theory,but it is sufficient to satisfy only the cognitive elements,because for artificial intelligence,the early setting of will means There is a coincidence between understanding and will.There is no difference between the behaviors and results caused by artificial intelligence and the behavioral results caused by natural persons.It is based on the replacement of human functions by artificial agents and the acquisition of characters,which strengthens the recognition of human images in artificial intelligence.Finally,comparing the artificial intelligence with the unit of one of the criminal law actors,it can be found that the artificial intelligence body has the relative rationality of obtaining the behavioral subject in the criminal law compared with the unit.A similar background in history,the superior attributes of artificial intelligence,the normative attributes of criminal law,and the theory of positive general purpose of criminal law for the acquisition of criminal law by artificial intelligence provide theoretical and logical evidence for subject qualification.