Research On The Criminal Risk And Criminal Responsibility Of Artificial Intelligence

The development speed of artificial intelligence technology is beyond people’s imagination,which brings great changes to people’s work and life,but the arrival of artificial intelligence era also brings new criminal risks.As a tool of crime,artificial intelligence technology may lead to new forms of crime,even the emergence of artificial intelligence products with self-awareness and will,independent implementation of harmful social behavior.According to whether the AI product has the ability of identification and control,and whether it can have independent implementation behavior outside the scope of human design and programming.The era of artificial intelligence can be divided into two periods:strong and weak.In the era of weak artificial intelligence,artificial intelligence products do not have the ability of control and identification,and they perform within the scope of human designed and programmed programs.At this time,artificial intelligence product is only a "crime tool" for human beings,and the criminal responsibility should be borne by the designer and user who develop the artificial intelligence product.There is no criminal responsibility for the artificial intelligence product.In the era of strong artificial intelligence,artificial intelligence has the ability of control and identification,and implements behaviors outside the scope of human designed and compiled programs.As a criminal subject,strong AI products should be punished by the intelligent robot itself.Strong artificial intelligence robot can also be recognized as a joint crime with nature,which constitutes the constituent elements of joint crime,and is conducive to solving the problem of responsibility sharing between artificial intelligence robot and natural person.At present,we are still in the era of weak artificial intelligence.Tracy floss,Chief Strategic Innovation Officer of the future laboratory,said that the learning ability that AI robots are endowed with will enable robots to program themselves and commit crimes under the control of their own programs.He predicted that the probability of robots committing crimes in 2040 would be far higher than that of human beings.[Binbin.In 2040,the crime rate of robots will surpass that of human beings to become the majority of crime subjects [J].Science and modernization,2017(issue 1).] the era of strong artificial intelligence,as we call it,will come soon.We should think about the danger in safety and anticipate the era of strong artificial intelligence ahead of time.This paper defines the concept of artificial intelligence and the basis of dividing the era of artificial intelligence,analyzes the criminal risks brought by the era of weak artificial intelligence and strong artificial intelligence in China,and discusses the criminal responsibilities they should bear respectively.In order to provide thebasis for the reconstruction of the next penalty.Only when we are well prepared,can we prevent the trouble and face the era of strong artificial intelligence better.