Study On The Qualification Of Subject Of The Artificial Intelligence In The Criminal Law

With the innovation and development of science and technology,artificial intelligence(hereinafter referred to as “AI”)has been widely used in various fields of human life,and they are becoming more and more intelligent.At the same time,although they are still in a less intelligent stage,its legal problems cannot be ignored.Especially in the last half century,in the process of the gradual improvement of artificial intelligence,the legal issues involved in it also begin to transform from civil field and intellectual property field to criminal field,for example self-driving car accident causing death or robot doctor to the patient brings the problems such as cutting injuries,burns,and infections.However,there is no unified understanding on how to deal with the criminal behaviors of AI in legislation and theory in various countries.Therefore,it is urgent to solve the criminal risks caused by AI.In view of this,this paper will Study on the qualification of subject of the artificial intelligence in the Criminal Law from four parts.The first part introduces the basic situation of risk society and AI.The author makes a specific introduction to the definition and characteristics of risk society to draw the view of criminal law legislation that we should have under the risk society.The author tries to summarize the definition of AI and highlight its characteristics by comparing it with people and animals and combining the views of other scholars.Through whether the AI has independent consciousness,the AI is divided into stronger artificial intelligence and weaker artificial intelligence,which lays a foundation for whether the AI can become the subject of criminal responsibility.The second part mainly introduces the legal risks brought to us by the wide application of AI and the necessity of discussing the crime of AI.By introducing theoccurrence of problems brought by the era of AI,including the killing of driverless cars and crimes committed by AI,the urgency of solving the legal problems of criminal law caused by artificial intelligence is highlighted.At the same time,it highlights the necessity of studying the crime of artificial intelligence with the theory that power and responsibility are consistent and the prevention function of penalty should be strengthened under the risk society.The third and the fourth part are the emphases of this paper which mainly introduces the criminal law solution to the crime of AI.The third part mainly introduces that we should still adhere to the natural human-centered position of the criminal law in the weaker artificial intelligence background.By introducing that weaker artificial intelligence still does not have independent consciousness,and its behaviors are implemented in the program designed and compiled,and the rights and interests created by it are enjoyed by its designers,developers and users,so the consequences of its actions should be undertaken by the natural persons related to it.In other words,when AI carries out criminal actions within the scope of design and programming,it should improve the existing criminal law theory,and its AI designers and users should bear the corresponding responsibilities.When AI is used as a criminal tool by others and controls its consciousness and behavior to commit a criminal act,the legal responsibility should be borne by the designer.The fourth part mainly discusses the criminal subject qualification and the responsibility attribution of the stronger artificial intelligence crime.By combining criminal law theories such as crime constitution,criminal responsibility ability and fault,this paper affirms that AI has certain identification ability and control ability,and summarizes the possibility that stronger artificial intelligence can become the subject of criminal responsibility.Through the analysis of rights,obligations and responsibilities,this paper concludes the necessity to endow strong ai with certain criminal responsibility ability in the future economic society.After confirming the criminal subject qualification of strong artificial intelligence,the responsibility allocation of intelligent robots in committing criminal ACTS under their own consciousness is clarified,and an effective penalty method exclusive to artificial intelligence should be set up.