Research On The Criminal Responsibility Of Artificial Intelligence Crime

With the rapid progress of science and technology,artificial intelligence has entered thousands of households.But technology is a double-edged sword.On the one hand,artificial intelligence has greatly facilitated our lives.On the other hand,it has also brought many new problems.Crimes related to artificial intelligence have gradually entered our horizons.However,it is difficult to make accurate evaluations according to existing law.Therefore,discussing the criminal responsibility of artificial intelligence crime is an inevitable requirement of the development of the times,and also provides a useful reference for the formulation of criminal legal norms in the era of artificial intelligence.Since the first robot homicide in Japan in 1978,deaths caused by artificial intelligence have occurred at home and abroad.Human beings have also used the artificial intelligence to commit crimes.However,the legislation related to artificial intelligence is obviously lacking.Artificial intelligence cannot be the subject of criminal responsibility because it does not have the identity of the criminal law.None of the existing charges and penalties in our criminal law can be applied to artificial intelligence.None of the countries in the world have written artificial intelligence crimes into the criminal law.Nonetheless,some states of United States have legislated to regulate the Unmanned Vehicles,while the European Union’s have passed a resolution on establishing "electronic persons".These have made useful attempts for future artificial intelligence legislation.There is a heated debate in the theoretical community about whether artificial intelligence can become the subject of criminal law and whether it has the qualification to bear criminal responsibility.The scholars are divided into positive and negative camps.This paper holds that in the current era of weak artificial intelligence,artificial intelligence should not be set as the subject of criminal law,and the crime of artificial intelligence should still be borne by the relevant people who are responsible.When science and technology develops till the kind of artificial intelligence which meet both mens rea and actus reus appears,it’s time to consider to give it the right to bear criminal responsibility.The premise that it can be required to bear criminal responsibility is to meet both mens rea and actus reus.The actus reusrequirement is artificial intelligence needs to comply with the illegitimate requirements,that is,it has committed a criminal.The mens rea requirement is artificial intelligence must have the responsibilities component,that is,it must both have the criminal responsibility ability(negative liability requirements)and the subjective criminal intention(positive liability elements).In the case of artificial intelligence crime,the criminal responsibility should generally be attributed to the relevant human beings.If human beings intentionally use artificial intelligence to commit a crime,they shall bear the criminal responsibility of the intentional crime.If human beings have negligent behavior in designing,manufacturing or using artificial intelligence,which leads to the crime of artificial intelligence,they should also bear the corresponding negligent responsibility.In the future,when the strong artificial intelligence with independent consciousness and will appears,it should bear the criminal responsibility for the crime based on its own will,and it may also appear that human beings and strong artificial intelligence share the responsibility.For the crimes caused by accidents,no one should bear criminal responsibility,but designers and manufacturers should bear strict responsibility in the field of product liability.After clarifying the principle of criminal responsibility for artificial intelligence crime,it is time to discuss who should bear the criminal responsibility.The artificial intelligence designers,manufacturers,and users may take corresponding responsibility for intentional crime.Or they may constitute "crime of design,research of artificial intelligence by negligence" and "crime of artificial intelligence by negligence" due to negligence.The manufacturers and sellers may constitute "crime of production and sales the artificial intelligence that does not meet the safety standards".In addition,the third parties may also bear criminal responsibility for their criminal acts.In the case of human using artificial intelligence crime,the disposal of artificial intelligence can not be equal to the general property involved in the case,but should adopt different ways according to different situations.Lastly,for the crime of strong artificial intelligence that may appear in the future,we should analyze the necessity and jurisprudence of the strong artificial intelligence to bear criminal responsibility,and puts forward a bold idea on the way to bear criminal responsibility.The penalty system of artificial intelligence can be divided into three levels: suspension of use fora certain period of time,partial deletion of data-all deletion of data-reset of the system,physical destruction or complete deletion.