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Criminal Law Response To Crimes Of Weak Artificial Intelligence

Posted on:2021-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:L N GuoFull Text:PDF
GTID:2416330620963724Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the advent of the artificial intelligence era,traditional industrial products have gradually evolved into intelligent products.However,compared with strong artificial intelligence products,weak artificial intelligence products will be the first intelligent products in our daily life.Weak artificial intelligence products are also inevitable while improving the safety and convenience of our production and life.When the weak artificial intelligence products with autonomy and acquired learning ability cause harm in the process of automatic operation,the traditional criminal law centered on human behavior and the criminal liability rules expose limitations in the identification of criminal responsibility.As a response to the criminal law system of weak artificial intelligence products,on the one hand,the criminal law should be distinguished from the traditional operating subjects,paying attention to the operation of weak artificial intelligence products,clear and reasonable behavioral attention obligations and fault liability determination rules;on the other hand,the criminal law should be based on The artificial intelligence features of weak artificial intelligence products,the damage caused by automatic operation can not be directly attributed to the commitment and distribution of criminal responsibility in human behavior.The emergence of weak artificial intelligence products poses new challenges to the criminal liability of criminalism.It is necessary to examine,reflect and reform the criminal law system while adhering to the traditional criminal subject theory.When determining the criminal responsibility of the subject of artificial intelligence crime,it should be objectively evaluated to strictly control the risk as social risk rather than technical risk;the principle of social reality harm should be adhered to,and the harm consequences should be avoided.For intentional crimes,it is necessary to follow the statutory principle of crimes,conviction and punishment within the existing framework of criminal law;to clarify the position of criminal law evaluation for negligent crimes,to face the new requirements of artificial intelligence era from the perspective of historical development,and to add artificial intelligence technology Crime of sin,artificial intelligence accident.This paper is mainly about the criminal law response to the crime of weak artificialintelligence products.The era of artificial intelligence has come quietly.Artificial intelligence as a new type of revolutionary technology brings us a new era.The impact on our life is profound and comprehensive,through the weak artificial intelligence technology.The existing criminal risk is analyzed,the criminal risk of weak artificial intelligence technology is discussed,and the countermeasures of criminal law in the era of artificial intelligence are put forward.The first part is the introduction.This part mainly introduces the background and significance of the research,the research status at home and abroad,research methods and innovations.The second part is the basic problem of using weak artificial intelligence crime.This part is the analysis of the impact of weak artificial intelligence technology on traditional criminal crimes and the new criminal crimes that may be derived from weak artificial intelligence technology.It is a discussion on the necessity of weak artificial intelligence criminal liability.The third part is the criminal liability analysis of weak artificial intelligence crime.This part combines the issue of criminal responsibility ability with artificial intelligence,and analyzes the criminal responsibility ability of weak artificial intelligence and the basis of liability for using weak artificial intelligence crime.The fourth part is the criminal responsibility analysis of using weak artificial intelligence crime.This part clarifies the issue of responsibility distribution in such crimes by discussing different situations of using weak artificial intelligence crimes.The fifth part is the concept of criminal law protection in the era of weak artificial intelligence.Through the binding of pre-emptive legislation and the construction of related obligations system,a complete crime prevention and control system is formed.
Keywords/Search Tags:Weak artificial intelligence, Responsibility distribution, Product liability, Criminal imputation
PDF Full Text Request
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