The Criminal Law Risk And Criminal Law Coping Approach Of Crimes Involved Artificial Intelligence

With the increasingly development of artificial intelligence technology,it has gradually penetrated into every aspect of human life,which represents the arrival of the era of artificial intelligence.The anthropomorphic behavior of artificial intelligence enables it to engage in difficult production activities instead of human beings.Its powerful data analysis ability can also help human beings to store and process huge data information.At the same time,artificial intelligence is capable of deep learning and independent decision-making,and it can also partake human's work and carry out activities independently.However,artificial intelligence is not absolutely safe,the progress of science and technology lead to a problem that involved artificial intelligence crime compared with the traditional form has brought a greater risk of criminal law: in the case of artificial intelligence is used as a guilty tool,it will produce the new crime and crime scene,which caused the traditional criminal conviction and sentencing of amplitude to be not available;In the case of artificial intelligence is regarded as the object of crime,the data stored and processed in artificial intelligence will face great risk of infringement.When artificial intelligence being out of control and implementation of the crime situation,due to artificial intelligence of autonomy and decision-making unpredictability,caused in the course of that criminal responsibility will be difficult to determine criminal responsibility subject,at the same time,the autonomy and unpredictability make the designers,manufacturers and users of artificial intelligence increase the management of its obligations,and caused a causeand-effect relationship between behavior and the result is difficult to distinguish.If artificial intelligence is allowed to develop without regulation,it will inevitably bring greater risks.Therefore,in order to create a safe social environment and ensure the standardized and safe development of artificial intelligence,how to deal with the criminal law risk brought by involved artificial intelligence crime has become an urgent problem to be solved in the current criminal law.To comprehensively and systematically deal with involved artificial intelligence crime criminal law risk,first of all,we should be on the basis of artificial intelligence in the position of crime as a standard,involved artificial intelligence crime can be divided into “tool used type” crime,“the crime object type” crime and “artificial intelligence is out of control type” crime,and then based on the analysis of the characteristics for various types of crime tease out different types of crime of criminal law risk.Before put forward the solution of the specific path,at first we must clear that the criminal law's basic standpoint is tolerance,abide by the principle of legality and abide by principle of technology neutrality,under the guidance of basic position specific coping,for the criminal law risk caused by the “tool used type” crime,we can use expanded explanations,will the new crime and crime scene be resolved in the frame of the traditional criminal law;For the criminal law risk caused by the “object of crime type” crime,the behavior in the data storage and data processing phases should be separated and punished.For the crime law risk caused by the “artificial intelligence out of control type” crime,on the basis of denying the subject status of criminal responsibility of artificial intelligence,and reasonably set the duty of care of designers,manufacturers and users of artificial intelligence,and distinguish the cause-and-effect relationship by normative cause-and-effect relationship theory.To regulate the risk of involved artificial intelligence crime by using the criminal law,it can promote the development of criminal law theory in the academic angle,On a national and social level,it is not only measures based on the contemporary era to solve the real difficulties,but also is an inevitable requirement to maintain the balance between technological innovation and crime prevention in the future development of artificial intelligence.At the same time,it is also of great significance to improve the national overall scientific and technological innovation ability and international status.