On The Criminal Subject Status Of Strong Artificial Intelligence

In view of the increasingly important role of artificial intelligence in social life,and the rapid development of artificial intelligence awareness technology,the research on the status of strong artificial intelligence criminal subjects cannot be ignored.Regarding its main body status,the discussion will be conducted in a comparative study with weak artificial intelligence.According to Article 17 of the Criminal Law,the criminal subject should meet the following conditions: one is to have committed an act that has serious social harm;the other is to have the capacity for criminal responsibility;and the third is to bear criminal responsibility in accordance with the provisions of the criminal law.Weak artificial intelligence depends on the program prepared and designed by the developer and designer because of any behavior it implements.It does not have independent identification and control capabilities,so it does not have the status of criminal subject;for strong artificial intelligence,it has the ability to become a criminal The specific logic of the possibility of the subject is as follows: First,strong artificial intelligence with a solid socio-economic foundation can confirm the qualifications of social subjects;second,according to the current research status of artificial consciousness,strong artificial intelligence can have free consciousness and be able to rely on independent consciousness Carry out behaviors that endanger society;third,strong artificial intelligence can make independent decisions outside the scope of the procedures prepared and designed by developers and designers,have the ability to identify and control,and have the ability to criminalize;fourth,enforce criminal laws and regulations on strong artificial intelligence It is feasible.At the same time,strong artificial intelligence has the status of criminal subject to impact the existing "natural person-unit" dual subject of the traditional criminal law crime theory,penalty theory and criminal procedure theory.Therefore,in response to this impact,the following can be targeted Countermeasures: First,the criminal law should include strong artificial intelligence in the scope of criminal subjects at the level of criminal theory,so that the status of strong artificial intelligence criminal subjects can be unified with what it should be;second,the traditional penal system should be improved at the level of penalty theory In order to ensure that strong artificial intelligence can bear corresponding responsibilities according to law when committing serious social harm;finally,in the criminal procedure,corresponding adjustments should be made from the subject of the litigation and the procedure to ensure that the criminal substantive law and the procedural law The package applies.