Research On The Subject Of Criminal Responsibility From The Perspective Of Artificial Intelligence

The emergence of artificial intelligent robots has greatly changed the human life,and at the same time it has brought about great impact and challenge to the current criminal law.It is in line with the needs of the times to discuss the subject of criminal responsibility from the perspective of artificial intelligence.Facing the artificial intelligence robot that implements criminal acts,whether it should bear criminal responsibility should not be regarded as a meaningless fictitious proposition,but should face the challenges brought to human beings by the artificial intelligence robot in advance.The current criminal law holds that the subject of criminal responsibility needs the ability of criminal responsibility,and the existence of identification ability and control ability is the embodiment of the ability of criminal responsibility.Starting from the concept of artificial intelligence and the classification of artificial intelligence robots,this paper introduces the problem of criminal responsibility subject of artificial intelligence robots,discusses the thinking of traditional criminal responsibility subject identification,probes into the influence of artificial intelligence robots on the thinking of traditional criminal responsibility subject identification,analyzes the necessity of discussing criminal responsibility subject from the perspective of artificial intelligence,and further distinguishes the behavior implemented by artificial intelligence robots into the behavior within the program setting and the behavior outside the program setting.The two different ways of implementing behavior will determine whether the AI robot can become the subject of criminal responsibility.The AI robot that implements behavior within the program setting does not have its own independent thought and will,identification ability and control ability,and cannot become the subject of criminal responsibility.However,the AI robot that implements behavior outside the program setting has its own independent thought and will,identification ability and control ability,and can become the subject of criminal responsibility.Therefore,the regulation of criminal responsibility when the two infringe upon legitimate rights and interests can be analyzed.