Research On The Status Of Criminal Liability Subject Of Artificial Intelligence

Now,it is difficult for humans to imagine life without artificial intelligence.Many of us are even used to using virtual assistants such as Siri to assist us in our lives.In reality,artificial intelligence is also uncommon,and autonomous vehicles and intelligent bank assistants are gradually entering people’s field of vision.Artificial intelligence is increasing becoming an integral part of our lives.At the same time,we have also seen that intelligence harms humanity.Compared with other fields of humanities and social sciences,the field of law is still a blue ocean of artificial intelligence research,especially in the field of criminal law.In the future,the level of artificial intelligence will continue to improve.It has been able to complete or nearly complete all human tasks,and the boundaries between humans and machines have become more and more blurred.We have to think about whether the legal status of artificial intelligence can be changed at this time.It is equivalent to human beings,and then legally gives the artificial entity the subject qualification.At the same time,it is not difficult for artificial agents to commit crimes under the control of free will.Once an artificial intelligence crime occurs,the threat to humans may be fatal,and the criminal law must respond to this.Regulating artificial intelligence crimes first solves the problem of its status as the subject of criminal responsibility.I uses this article to study the status of the subject of criminal responsibility in the artificial intelligence era from four aspects.The first part mainly clarifies the basic theory of artificial intelligence.At first,the technical basis of artificial intelligence is introduced.Through a survey,the public ’ s understanding of the definition of "artificial intelligence" is revealed,which shows that artificial intelligence and robots are not equivalent concepts,and a brief introduction to the Dartmouth Conference Later,the history of the definition of artificial intelligence summarized the analysis of the concept of artificial intelligence by criminal law scholars,and at the same time gave the author’s definition of "intelligence".The development path of artificial intelligence has many forms,including structural school,method school,behavior school,ability school,and principle school.The "artificial intelligence" obtained by researching according to different development paths is also different in the identification of criminal responsibility subject status.According to the first four development paths,it is difficult for the dedicated artificial intelligence to have the main status,while the artificial intelligence developed according to the principle has the possibility of becoming the subject of criminal responsibility.Secondly,it mainly discusses the basic theory of the subject of criminal responsibility.It mainly analyzes the subjective and objective elements of artificial intelligence when it becomes the subject of criminal responsibility.In the objective elements,it is analyzed that the criminal behavior of artificial intelligence agents must have two characteristics,namely,physicality and harmfulness;in the subjective elements,it is analyzed that the artificial intelligence agent must have the ability of criminal responsibility and subjectiveness if it is to be included in the subject of criminal responsibility.psychological.At the same time,it is pointed out that the essence of responsibility is freedom of will,and the issue of responsibility is whether there is freedom of will;the subjective psychology of artificial intelligence includes two possibilities of intention and negligence.Therefore,these two psychology should also be considered when considering artificial intelligence crimes..The second part lists the current two schools of views in the criminal law circle on whether artificial intelligence agents can be included in the status of criminal responsibility subjects.Negative and affirmative scholars roughly focus on whether the current period of research on artificial intelligence criminal law is meaningful and whether artificial intelligence agents have Discuss the three issues of whether the ability to identify control and punishment can have an effect on the artificial body,and give an evaluation at the same time.The third part gives the point of view of this article.The fundamental difference in the understanding of "intelligence" differentiates artificial intelligence into two different branches,special artificial intelligence and general artificial intelligence,that is,the general artificial intelligence should be given the status of criminal responsibility subject.In the context of the era of artificial intelligence,we cannot ignore the criminal risks brought by artificial intelligence;at the same time,this background also prompts the criminal law to be reformed;as new things gradually enter the society,protecting their rights and entrusting them with obligations are also The requirements of the basic principles of criminal law.The general artificial intelligence entity is given the status of the subject of criminal responsibility because it has the possibility of generating ethics,its adaptive system can make it generate free will,and the future equipment can give it strong identification and control capabilities.The fourth part focuses on the issue of how to punish the artificial intelligence that has been given the status of criminal responsibility in the artificial intelligence era,and how to punish to achieve the purpose of punishment.At the same time,the author’s ideas are given in the last section.