| With the gradual development of artificial intelligence technology,artificial intelligence products have been gradually popularized.But artificial intelligence itself is a double-edged sword,which brings not only benefits,but also risks that can not be ignored.Artificial intelligence has a certain degree of intelligence,so it is easy to be used in crime,and once it is used in crime,it will greatly improve the efficiency and concealment of crime.Once this kind of crime occurs,there are many disputes in the aspect of criminal responsibility.Therefore,it is necessary to discuss it and provide an effective way for criminal law to deal with crimes involving artificial intelligence.Although the application of artificial intelligence has a great challenge to the application of criminal law,especially the distribution of criminal responsibility,we should still adhere to the traditional theory of subject of criminal responsibility and analyze and discuss it in strict accordance with the provisions of criminal law when dealing with crimes involving artificial intelligence.In the distribution of criminal responsibility for crimes involving artificial intelligence,we should adhere to the unity of subjectivity and objectivity.We should neither treat the pure technical risk as the risk of criminal law,nor be too loose.The cognizance of crime,whether intentional or negligent,should carry out the principle of legality.Conviction and punishment should be carried out on the premise of explicit provisions in the criminal law.If there are no provisions in the criminal law,conviction can not be carried out without authorization.Firstly,this paper analyzes and discusses the basic problems of crimes involving artificial intelligence.Firstly,it briefly discusses the scope of crimes involving artificial intelligence,and then discusses the types and characteristics of crimes involving artificial intelligence.This is also a necessary step to study the criminal responsibility of crimes involving artificial intelligence;Secondly,on this basis,the criminal subject of AI related crimes is discussed.The first step is to show and briefly evaluate the existing views according to the distinction between the subject theory and non subject theory of AI.The second step is to demonstrate the non subject theory from three aspects: the lack of independent rights and values,the failure of penalty purpose and the aggravation of social risk;Thirdly,after determining the subject of criminal responsibility in AI related crimes,this paper discusses the imputation principle of AI related crimes.In this part,we first discuss the attribution of AI behaviors and results,and think that we should adhere to the conditional theory and objective attribution to determine the causal relationship in fact and criminal law,and then start from the intentional and negligent forms of responsibility,This paper discusses the specific application of the principle of imputation,and then discusses the reasons for committing a crime.It holds that the subjective cognitive level of relevant personnel,the overall level of scientific and technological development,and the victim’s self responsibility should be taken into account in order to limit the criminal law’s excessive intervention in artificial intelligence;Finally,on the basis of this,this paper analyzes the different ideas of the current distribution of criminal responsibility,and emphasizes that it should be dealt with in strict accordance with the provisions of the current criminal law.Then,according to the existing provisions of the criminal law,it discusses and analyzes the criminal responsibility that should be borne by different subjects of responsibility,such as designers,manufacturers,owners and users,In order to reasonably and effectively deal with the criminal responsibility of crimes involving artificial intelligence,and strive to reasonably distribute the criminal responsibility of crimes involving artificial intelligence,while avoiding the excessive intervention of criminal law. |
