The Establishment Of The Criminal Responsibility Subject Status Of Strong Artificial Intelligence Agent

Artificial intelligence technology has brought earthshaking changes to the work and life of human beings.At the same time,following the development of artificial intelligence technology,strong artificial intelligence agents harm social behavior.Weak AI agents can still be used as human tools,but when strong AI agents appear and carry out harmful social behaviors,the criminal subject status of fully autonomous strong AI agents should be determined in the first place to deal with this problem.When a sufficient number of neural networks work cooperatively,quantitative change leads to qualitative change,and it is not impossible for strong AI agents to generate independent self-awareness.At this point,when the strong artificial intelligence agent "chooses" the behavior out of "voluntary",it will be regarded as the subject of the criminal law,so as to better allocate the criminal responsibility.In addition to the introduction,this paper mainly contains the following four parts.The first part mainly discusses that the strong artificial intelligence agent should have the criminal responsibility main body status.According to the specification appeal,strong AI can recognize and accept the law specification and act according to its requirements after completing the data training.A strong artificial intelligence agent should bear the criminal responsibility for the harmful consequences caused by the criminal act when it can comply with the legal norms and implement the behavior that endangers the society and the behavior meets the requirements of the constitution of a crime without the cause of liability obstruction.In the process of the judgment of liability,the strong artificial intelligence cannot invoke all the defenses of liability obstruction.From the three aspects of criminal responsibility ability,the possibility of infringement of legal interests and independent will,we should affirm the criminal responsibility subject status of strong artificial intelligence in criminal law.It is not appropriate to directly deny the criminal subject status of strong artificial intelligence agents without "consciousness".The appropriate logic should be to compare them with the subject of limited criminal responsibility and the subject of no criminal responsibility,because their objective and external behaviors are objective lawlessness.It is a logical mistake to deny the subject status of criminal responsibility of strong artificial intelligence because it is meaningless to impose penalty on it.In addition,the negators fail to see the significance behind the regulation of crimes committed by strong AI agents--to give strong AI agents an independent criminal subject status is to define the division of criminal responsibility between strong AI agents and the natural criminal responsibility behind it.The second part mainly discusses the challenge that affirming the strong artificial intelligence agent criminal subject status brings to the criminal law idea reconstruction.Criminal subject position must have strong AI body may challenge to criminal law brings two aspects: one is the strong artificial intelligence body can implement constitutive requirements in the sense of behavior,behavior of the concept of role lies in rapid filtration and constitutive requirements of irrelevant physical activity or language,answer to this question is about the strong AI body can obtain the key of criminal responsibility main body status;Second,the concept of personality related to legal responsibility includes strong artificial intelligence,so the criminal law needs to re-examine the concept of legal personality,because the interpretation of the concept of personality is directly related to whether strong artificial intelligence can obtain the subject status of criminal responsibility.The third part mainly proposes the countermeasures to the criminal law challenge brought by affirming the subject status of criminal responsibility of strong artificial intelligence from the perspective of crime theory.Safety is the core value of the maintenance of risk society.The social members' anxiety and anxiety about the risks caused by strong artificial intelligence is also the demand for safety.It is reasonable to regulate the risk of strong artificial intelligence in criminal law.Strong AI criminal legislation cannot be carried out blindly,but must follow the basic principles of criminal law under the guidance of controlling risks,responding to challenges and setting an ethical framework.In addition,it is necessary to adhere to the precautionary principle and the principle of coordination between law and technology.On the premise of constructing a standard system to solve the problem of the integration of strong artificial intelligence with the current criminal law,we should reduce the disharmony between the criminal law system and other departments.The fourth part mainly proposes the countermeasures to the criminal law challenge brought by affirming the subject status of criminal responsibility of strong artificial intelligence from the perspective of penalty theory.It is proved that the penalty applied to the strong artificial intelligence is not only feasible,but also can realize the purpose of penalty.The punitive penalty is the deprivation of the criminal's interest or the pain caused by the deprivation of the criminal's interest.The function of penalty is not single,so the penalty system should stick to the duality of retribution and utility,but the emphasis should be different in different stages.The risk brought by the strong artificial intelligence is a side of the risk society,so the use of penalty to punish the strong artificial intelligence should accord with the prevention trend of the criminal law system.