Research On The Criminal Law Regulation Of Artificial Intelligence Product Accidents

At present,accidents of artificial intelligence products occur all over the world.The legal regulation of artificial intelligence products brings new challenges to criminal legislation.To clarify the behavior boundary of AI product accident is the first step in studying criminal law regulations.Weak AI products do not have the ability to identify and control their own behaviors,while strong AI products do not.But we still need to clearly understand that the definition of artificial intelligence at this stage is still defined by machine object,so the artificial intelligence mentioned here is classified as weak artificial intelligence products.In addition,the "accident" in the sense of criminal law has a special meaning,mainly refers to the major liability accident,that is,the actor holds the negligent psychology,violates the relevant laws and regulations in a specific field,and then causes a considerable degree of harm.Therefore,the accident of AI products can be expressed as the result of the perpetrator's violation of the relevant AI safety management regulations in the process of designing,manufacturing and using AI products,which results in a considerable degree of harm due to subjective negligence.China's criminal law does not explicitly define the act of causing the accident of artificial intelligence products as a crime.Generally speaking,the regulation of AI product accidents usually involves several crimes,such as the crime of major liability accident,the crime of producing and selling fake and inferior products,the crime of negligently causing death and the crime of negligently causing serious injury.However,by analyzing the reasons of the above charges,we can see that the AI product accident is different from the traditional liability accident crime and product crime in the aspects of crime subject,behavior characteristics,subjective guilt,etc.Moreover,because of the intervention of the AI factors,it is significantly different from the ordinary crime of causing death or serious injury due to negligence.Therefore,attaching AI product accidents to other crimes does not lead to accurate conviction,instead,it may violate the principle of legality.So whether the criminal law can regulate this behavior needs to be examined by the principle of criminal law.The accidents of artificial intelligence products have the basic characteristics of crime.This act should not violate the principle of modesty and restraint of criminal law,and conform to the theory of decriminalization,the supplement and the economy of criminal law.In the era of technology as the master,as the core technology of smart city,the potential risks of artificial intelligence are unknown and uncertain,which meets the essential characteristics of "risk" in the risk society and conforms to the theory of risk society.Of course,the application of penalty to the criminals who cause intelligent product accidents should also achieve the social purpose of special prevention and general prevention.In real life,in order to balance the scientific development of artificial intelligence and protect the legitimate rights of citizens,it is necessary to use criminal law to regulate the accidents of artificial intelligence products.Based on the consideration of the seriousness and particularity of the accident of artificial intelligence products,it is necessary to set up a separate charge in the second chapter of the criminal law,"crime of endangering public safety",and add the crime of major safety accident of artificial intelligence.On one hand,China's legislative technology is improving gradually,which can effectively avoid the lag of law to some extent.The legislature criminalizing the accident of AI products accidents is conducive to guidance function of criminal law and meeting the expectations of the people.On the other hand,the addition of a new crime can cover a variety of ways of behaviors,which can uniformly regulate the behaviors that cause accidents of artificial intelligence products and reduce the criminal risks brought by artificial intelligence.Of course,if we want to achieve the ideal effect,the premise is to scientifically design the constitutive requirements of the crime.The crime violates the safety of production and circulation in the field of artificial intelligence,and both of them become part of public security.The objective aspect is the behavior of violating the relevant intelligent safety management regulations in the process of R & D,design,manufacturing,testing,sales and use of artificial intelligence products,resulting in the deviation from the preset trajectory,and then causing casualties.As for the subject,the crime regulates the natural persons and units related to the production and circulation stage of artificial intelligence products.Subjectively,the guilty psychology of the actor is a typical business fault.With the security of AI technology being questioned or even denied by the public,what kind of duty of care should be given to the actor in the business activities related to AI to ensure its security has been widely concerned by scholars.In principle,the negligent operation at any stage of the research and development,manufacturing,testing,even the sales and the usage of artificial intelligence may cause accidents of artificial intelligence products.It is the key to distribute criminal responsibility reasonably to set up different duty of care in criminal law for different subjects according to the standard of artificial intelligence forming stage.Finally,in terms of penalty allocation,the legal penalty for the crime of free punishment is lower than that for the crime of major safety accidents,and the punishment for aggravating circumstances is more severe than that for the crime of major liability accidents.At the same time,the property penalty is added in the penalty,for one thing,it adapts to the principle of the balance of criminal responsibility and punishment;for another,it makes the perpetrator lose the material basis of endangering the society,so as to achieve the effect of crime prevention.In addition,as the supplement and improvement of our country's penalty measures,it is a powerful measure to prevent the intelligent risk to deprive or restrict the qualification of the natural person to engage in the relevant occupation within a certain period of time.