Research On Artificial Intelligence Related To Criminal Law Issues

With the leapfrogging development of artificial intelligence technology,artificial intelligence products walk from the laboratory to the society step by step,which makes the machine more than a pure tool,but an artificial intelligence that can help or even replace human to make decisions or implement some tasks usually implemented by human.AI technology has led to a series of thought-provoking new hazards,such as traffic accidents in self-driving cars,medical errors caused by AI surgeons,and homicides enforced by drones.The increasing number of cases caused by artificial intelligence not only poses a great threat to human's production and life,but also brings about a series of economic,social,legal and other problems.The impact on the law may even subverting the existing legal system.In this background,the article researches deeply on the field of artificial intelligence may be involved in the criminal law from the perspective of criminal law.The first part is the introduction.T.In this part,the research background,research purpose and significance of the paper,the research status at home and abroad on related issues,as well as the research methods and research ideas of this paper are analyzed and elaborated in detail.The second part is an overview of artificial intelligence.This part has carried on a very detailed elaboration and analysis of from the definition of artificial intelligence,introduction,application to the classification of strong and weak artificial intelligence and the distinction of artificial intelligence and artificial intelligence productions,and then laid a solid theoretical foundation for the following research on the main issues of this paper.The third part of the article mainly focuses on thinking about the current stage of artificial intelligence involved in the criminal law issues.This is a focal point of the article.Firstly,by analyzing the subjectivity of artificial agents,this paper concludes that neither strong nor weak artificial agents can become the subject of crime.Secondly,for the problem of artificial intelligence be a crime tool,the paper thinks that artificial intelligence can only be used as a crime tool by developers or users.Finally,on the assumption of criminal responsibility for artificial intelligence crimes,this paper discusses the two cases,intentional and negligence,and holds that for the case of intentional use of artificial intelligence crimes,the responsibility cannot be attributed to the artificial agent,the real subject of criminal responsibility should be the developer or user of the artificial agent.As for the imputation of negligent crime in the application of artificialintelligence,this paper holds that: from the perspective of legal liability for negligence,the responsibility cannot be attributed to artificial intelligence,and the subject who bears criminal responsibility for negligent crime can only be the developer or user of artificial intelligence;From the perspective of supervision fault liability,in the case of supervision of artificial intelligence,if the accident is caused by the fault of the supervisor,the supervisor should bear criminal responsibility.The fourth part of the article is the legislative thinking of solving the criminal risk of artificial intelligence.In view of the criminal risk caused by artificial intelligence,this paper firstly puts forward the general idea of revising and improving related criminal legislation.Then it puts forward the corresponding specific legislative countermeasures,that is,by modifying the crime of traffic accident and the crime of illegal use of information network,adding new charges and adding qualification penalty,etc.