| Intelligent robot is a kind of non living body created by natural person and simulating the thinking of natural person.It is "artificial person" and "artificial person".After half a century of research,intelligent robot technology has become mature.Today’s intelligent robots are not only similar to natural people in appearance,but also have similar functions of perception and imitation in internal operation,and can implement activities independently.As a "fire" thing in recent years,intelligent robots not only bring convenience to people’s production and life,but also hidden danger.By searching on the Internet,in less than two years from September 2016 to March 2018,Uber’s automatic driving mode had nearly 40 traffic accidents;In September 2018,an intelligent robot killed a worker in Wuhu City,Anhui Province;In December 2020,a service-oriented intelligent robot in a shopping mall in Fuzhou breaks down suddenly when it gets on the elevator,causing customers to be injured.The continuous emergence of negative events related to intelligent robots has pushed intelligent robots to the top of the storm.When the intelligent robot implements the behavior prohibited by criminal law,it can be called "crime".According to the intelligent degree of robot,behavior and reason,the "crime" of intelligent robot can be divided into three types.One is the"crime" caused by the program out of control or sudden failure of the intelligent robot.The second is the crimes committed by natural persons using intelligent robots.The third is the "criminal" behavior independently carried out by the intelligent robot.For the three types of "crimes",some can be directly regulated by the existing criminal law,some need to amend the existing criminal law rules,and some need to formulate new legal rules.Due to the difference between intelligent robot and natural person in essence,there will inevitably be regulation problems from the perspective of criminal law,such as the identification of the qualification of the subject of criminal responsibility,the choice of causality standard and so on.Therefore,when we regulate the "crime" of intelligent robot in criminal law,on the one hand,we should solve the problems of intelligent robot in criminal subject qualification,subjective fault judgment,objective behavior attribution and so on;On the other hand,according to the problems in the process of criminal law regulation,we should take targeted measures to improve the content of intelligent robot "crime" in criminal law.European Union,the United States and other countries have clearly regulated the"crime" of intelligent robots in the form of laws and regulations.The essence of its"crime" is that whether the intelligent robot is out of control due to the program or is illegally used by the natural person to implement the behavior prohibited by the criminal law,the root is inseparable from the domination and control of the natural person.It can be said that even the strong intelligent robot is still in a subordinate position.The criminal law regulation of the "crime" of intelligent robot is the regulation of the behavior of natural people using intelligent robot.When we regulate the "crime" of intelligent robot in criminal law,we should make clear the subject status of natural person,determine the final criminal responsibility undertaker through the deletion and selection of the double standards of condition theory and objective imputation theory,and regulate the,"crime" of intelligent robot in criminal law from multiple angles and levels,so as to protect the social public interests and the legitimate rights and interests of the third person. |
