Criminal Law Response To Criminal Risk Of Strong Artificial Intelligence

The rapid development of artificial intelligence technology has been deeply integrated into our lives,spreading across all aspects of life and being widely used in many fields,creating convenient conditions and environments for human production and life,but also bringing some new criminal risks,mainly ethical risks and the risk of impacting the traditional criminal law theoretical system.Artificial intelligence is different from artificial intelligence,the essence of which is a technical method by which humans,through algorithms,process the operating instructions of specific objects in order to achieve the purpose of imitating human behaviour.An AI,on the other hand,is a tangible vehicle that uses AI technology to specifically execute computer instructions.It is a common academic term to classify AI into weak AI and strong AI,with the presence or absence of autonomous consciousness as the criterion for distinguishing between the two.To study the criminal law issues related to strong artificial intelligence,the first thing to study is the issue of the subject of criminal responsibility of strong artificial intelligence.At present,there are two opposing views in criminal law on whether the status of strong AI as a subject of criminal responsibility should be recognized,namely the affirmative theory of criminal responsibility and the negative theory of criminal responsibility.The affirmative theory of criminal responsibility holds that strong artificial intelligence have autonomous consciousness and can commit serious socially harmful acts outside the pre-set procedures,and can become the subject of criminal responsibility and can independently bear criminal responsibility.The negative theory of criminal responsibility believes that artificial intelligence have the property of tools and are for human beings to carry out services,which can only be treated as an object in law and cannot be given the status of the subject of criminal responsibility of strong artificial intelligence.This article favour the affirmative theory of criminal responsibility,arguing that it is both necessary and feasible to give strong artificial intelligence the status of a subject of criminal responsibility,which is a powerful measure to deal with the new criminal risks in the era of strong artificial intelligence.The argument that "there is no need to study the status of legal subjects of strong artificial intelligence" and "strong artificial intelligence do not have free will" as advocated by scholars of the negative theory of criminal responsibility is flawed and unconvincing.Strong artificial intelligence have the possibility of generating autonomous consciousness,and are capable of committing acts based on autonomous consciousness,and are capable of criminal responsibility,and can become the subject of criminal responsibility.This will not only effectively address the criminal law challenges posed by strong artificial intelligence,but also provide legal protection for the future development of artificial intelligence and help implement the principle of protection of legal interests and the principle of self-responsibility.The criminal risk posed by the emergence of powerful AI necessitates a collective effort from multiple perspectives,rather than just setting the subject of criminal responsibility for powerful AI for regulation.Firstly,an accurate legal concept must be developed to face social risks.Secondly,it is necessary to establish the purpose of criminal legislation to balance technological development and social risk prevention and control.Finally,it is essential to upgrade the particular criminal law regulations by bestowing upon powerful artificial intelligence the responsibility of criminal culpability,creating new offence on artificial intelligence crimes.Lastly,the criminal law should be improved in terms of specific criminal law norms.