Research On The Possibility Of Machines Being Deceive

There are frequent cases of using unmanaged machines to illegally obtain property.In some cases,the behavior of the perpetrator is highly similar to the fraud.Therefore,there is a debate on whether the machine can be cheated or whether the similar fraudulent behavior can constitute the crime of fraud.This kind of behavior has been widely discussed in academic circles,but no conclusion has been reached.The debate over whether machines can be fooled falls into three broad categories: certainty,compromise,and certainty.The negation theory holds that the machine cannot be cheated,characterizes all the relevant controversial cases as theft,and holds that the compromise theory and the affirmation theory should be discussed according to the circumstances,and puts forward the judgment method that the relevant controversial cases constitute the crime of fraud.The disputes of the three theories not only lead to the theoretical disunity,but also lead to the current stage of the controversial cases of the judgment is very different,some difficult cases of judicial judgment is difficult to quell public opinion.The reason for this huge controversy is that intelligent machine is a product of science and technology,so the factual basis of the debate on this issue cannot be described only by common sense,but also requires a certain knowledge of computer science and philosophy as a tool.Although both compromise and affirmation draw on the knowledge of computer science and philosophy to a certain extent,once it comes to the qualitative of specific cases,they simply draw conclusions through intuition.The results are hardly accurate,and the discussion on whether machines can be fooled deviates from objective facts to a certain extent and lacks practical significance.In this paper,starting from the constitutive elements of the crime of fraud,combined with the knowledge of computer science and philosophy as well as the theories of civil habits,the understanding and punishment of the machine are deeply discussed,affirming the point of view that the machine can be cheated,clarifying the factual basis in the controversial cases,and clarifying some theoretical issues that have been ignored for a long time in the discussion of "the machine is cheated".According to these problems,the corresponding concepts and solutions are put forward.Firstly,according to the integrity of cyberspace,the concept and judgment rules of "subject of machine deceived" are put forward.Secondly,according to the logical activities in machine cognition,the "default" and "active cognition" of machine are deeply analyzed,as well as the judgment rules of whether there are normal cognition activities.Thirdly,according to civil custom,the deliverability of machine is affirmed and the corresponding judgment rules are put forward.Through the hierarchical integration of the above rules,the orientation errors of relevant theories on "machine being cheated" at the present stage are corrected,and a set of systematic theories which can be applied in judicial practice to judge that relevant controversial cases constitute fraud crimes are formed.