A Review Of Harvey's Thoughts On Artificial Intelligence In Criminal Law Regulation

While the development of artificial intelligence technology brings rapid social progress,it also further increases the social risks.AI crime is no longer a fantasy,but a real risk.From the perspective of protecting social legal interests,regulating AI crime has become a front-end legal issue of current academic concern.However,whether AI can become the subject of crime,whether it can be regulated by law and how to do so differ greatly in theory and judicial practice,resulting in a dilemma in the study of AI.Professor Hallevy is the earliest scholar who studies the regulation of criminal law of artificial intelligence and has the most abundant and perfect theoretical system.His research results have a strong reference value for us to accurately analyze the crime of artificial intelligence and its regulation path theoretically and practically.Professor Hallevy has made remarkable contributions to the development of artificial intelligence criminal law theory and criminal frontier thinking.His artificial intelligence thought of criminal law not only draws on the basic theory of criminal law,but also creates the ideological system of artificial intelligence criminal law from the perspective of international vision.Hallevy's view of criminal law can be summarized into three aspects:first,the subject qualification theory of Hallevy's artificial intelligence crime.Hallevy critically proposed the concept of artificial intelligence's personality and acknowledged the subject qualification status of artificial intelligence;Secondly,Hallevy's AI crime attribution model.Professor Hallevy innovatively proposed three models of indirect principal offender,natural and possible consequence,and direct responsibility attribution,which established the theoretical system foundation of artificial intelligence crime rules and realized the theoretical practice of frontier issues.Thirdly,the construction of the criminal law system of his artificial intelligence crime is an extension of the qualification of the subject of artificial intelligence crime,as well as a detailed construction of the artificial intelligence crime disposal system,which finally fully presents Professor Hallevy's artificial intelligence criminal law view.Based on this,this paper,through the analysis of Professor Hallevy's artificial intelligence criminal law regulation thought,makes a comparative analysis of the essential significance of artificial intelligence criminal law access,with a view to playing a certain warning role to the coming risks of intelligent technology.This paper will demonstrate from the following five aspects:The first chapter is the theoretical model of Hallevy's artificial intelligence crime.This chapter mainly analyzes the subject qualification of artificial intelligence crime.This chapter starts from the discussion of the existing qualifications of the subject of artificial intelligence,focusing on whether the subject of artificial intelligence can independently become the subject of criminal responsibility.By analyzing the factual elements and psychological elements of the criminal responsibility of artificial intelligence of intentional crime,negligent crime and strictly responsible crime proposed by Hallevy,the author presents professor Hallevy's viewpoint and compares other academic viewpoints,so as to explore the essential connotation of the qualification of artificial intelligence subjects.The second chapter is the imputability model of Hallevy's artificial intelligence crime.Based on the theoretical perspective,this chapter reveals three different modes of criminal imputability proposed by Professor Hallevy.Based on the analysis of the factual elements and psychological elements of the AI's harmful behavior,this chapter further clarifies the attribution of the types of intentional,negligent or strict liability for the AI's crimes,and then relativistically puts forward three modes of indirect principal offender attribution,natural possible consequence attribution and direct liability attribution.From the Angle of crime imputation,this paper constructs the punishment possibility foundation of artificial intelligence,and at the same time,deduces the logical rationality of Professor Hallevy's qualification of artificial intelligence.The third chapter is the criminal penalty system of artificial intelligence crime which created by Hallevy.This chapter shows the criminal penalty system of artificial intelligence based on the human criminal penalty system.Based on the analysis of objective theory,this chapter presents the necessity of establishing the criminal punishment system of artificial intelligence advocated by Professor Hallevy,and clarifies the purpose of criminal punishment of artificial intelligence from the standpoint of the purpose of criminal punishment,so as to reflect the theoretical basis and goal orientation of Hallevy's establishment of the criminal punishment system of artificial intelligence.Finally,it presents the artificial intelligence penalty system with the main contents of death penalty,imprisonment,probation,public service and fine,which contains the charm of professor Hallevy's criminal law.The fourth chapter evaluates Hallevy's artificial intelligence criminal law regulation thought based on the presentation and analysis of his artificial intelligence criminal law regulation thought mentioned above,further clarifies the evaluation of domestic and foreign scholars on his research,and verifies the rationality of Hallevy's artificial intelligence criminal law concept by comparing and analyzing the viewpoints of different scholars.This chapter also denies the subject qualification of artificial intelligence based on the standpoint of normative criminal law,and gives a theoretical response to the artificial intelligence penalty system established by Hallevy.From the perspective of criminal law doctrine,this paper expounds the misunderstanding of his theory,and from the perspective of his analysis method,acknowledges the correctness of his path,and rationally evaluates professor Hallevy's view of artificial intelligence criminal law from the objective standpoint.The fifth chapter is the inspiration of Hallevy's artificial intelligence thought of criminal law regulation.This chapter is the sublimation of the theme based on the above concepts and theoretical analysis,and it is based on the artificial intelligence criminal law regulation thought of Professor Hallevy to extract the position of criminal law that we should be firm in anthropocentrism and normative jurisprudence when dealing with the intelligent risk in the new era.This chapter explains that when the human society is facing the change of science and technology,the original criminal law should be adjusted in a timely manner,and the artificial intelligence criminal law regulation theory should be written according to the traditional criminal law concepts such as anthropocentrism and normative law.