A Normative Study On The Subject Status Of Artificial Intelligence In Criminal Law

The development of artificial intelligence is characterized by stages.But no matter how far its "intelligence" evolves,it cannot be positioned as a subject of criminal law but can only be given the status of an object.Specifically,the existing criminal law system is centered on natural persons,and new criminal law subjects are subject to a comprehensive and specific humanoid comparison.From the positive point of view,artificial intelligence cannot perform independent acts for its own will,and the self-interest of human beings has branded the created artificial intelligence with instrumental properties,and the human criminal concept can accept the obligation of the artificial intelligence but exclude its equal rights.From the opposite side,the "affirmation of the AI being the subject of criminal law" is based on the idea of the AGI(Artificial General Intelligence),and in the argument there are errors in the logical path of inversion of cause and effect,including contradiction in the idea of human-like comparison and dehumanization regulation,deviation from the reference of the proposed subject of legal person,and on the wrong position of guaranteeing the "human rights" of AI.In addition,the stability and rigor of the criminal law system cannot be easily shaken,and the absorption of AI as new types of criminal law subjects will impact the theoretical foundation of criminal law and the effective operation of the penal system,which is harmful.In order to actively deal with the criminal risks in the development of artificial intelligence technology,we should anchor the purpose of human welfare,based on the role of the criminal law object of artificial intelligence,and regulate the technical ethics and technical safety of the related persons from the perspective of ex ante prevention.From the perspective of post-regulation,we should make a typological distinction between potential AI crimes,and take technical measures to "discipline" the AI involved and hold the relevant personnel criminally responsible for different interests' infringement in law,taking into account the requirements of distributive justice of criminal responsibility and the appeasement of victims.