Machine Can Also Be The Object Of Fraud

With the rapid development of electronic computers and artificial intelligence technology,there are more and more cases caused by the use of machines to conduct illegal money-taking activities,which has brought new difficulties to judicial practice and allowed the criminal law academics to re-examine whether machines can be cheated problem.At present,the answers to this question in the criminal law academia mainly include three viewpoints: negative theory,affirmative theory and eclectic theory.The first part is an introduction,which mainly introduces the research background and significance.For the Xu Ting’s case,there may still be disparity in sentencing for convictions of fraud and theft,but it seems that there is no substantial difference in the convictions after the amendment to the Criminal Law deletes the term “theft of financial institutions”.However,the author disagrees.Moreover,in China’s judicial practice,there has always been a tradition of light conviction and heavy punishment.This topic should be said to have certain theoretical and practical significance.The second part is to raise questions.The first section raises the problem through the case of Chen,sorts out the respective reasons for the divergent opinions on this case,and summarizes the focus of the case’s controversy.The second section introduces the theoretical disputes about whether the machine can be deceived.It is believed that the object of the crime of fraud can only be a natural person.Because the machine does not have the consciousness of functioning as a human brain,it cannot naturally become the object of the crime of fraud.The affirmative theory is based on the social background of the rapid development of electronic computers and artificial intelligence technology.The existence of a machine with the same independent consciousness as human beings can naturally become the object of the crime of fraud;the eclectic theory has no disagreement with the negative theory,but scholars who advocate the theory believe that at the normative level,the people behind the machine are based on A special relationship with the machine can be the subject of fraud.The third part mainly introduces the theoretical basis and cognitive defects of the theory of negation and eclecticism.The negation theory is mainly based on the philosophical and normative basis of man-machine opposition,and then believes that using the machine as the object of the crime of fraud will break the stereotype of the crime of fraud and cause it to lose its essential function;from the basic meaning of the word "fraud",Judging from the fact that the deceived person can only be a natural person,the machine cannot produce misidentification and fall into misunderstanding;in addition,the negation theory is a general theory of extraterritorial civil law systems and common law countries.However,the negative argument does not distinguish between simple machinery and artificial intelligence products.Generally speaking,machines cannot be deceived,neglecting the behavior of illegal money-taking behaviors using machines,forcibly applying extraterritorial criminal law,and not being able to effectively adapt to the current social background;compromise It is said to reflect a relatively strong golden mean,trying to introduce the concept of electronic agents and preset consent,comparing the consistency of business processing between machines and salespersons,and establishing ways to explain the special relationship between humans and machines in multiple ways.However,due to the contradiction between factual basis,normative basis and actual discourse,it seems difficult to justify.The fourth part is the basic content of affirmation and its advocacy.Affirmative theory is based on the factual basis of human-computer interaction,the theoretical basis of disciplinary actions,and the practical basis of criminal legislation.Its content includes a reasonable limitation on the scope of the machine.Only a machine with the authority to perform delivery can be the target of fraud;the machine itself must be under normal operation,because the will of the person behind the machine is reflected at this time.There is only room for being deceived;the perpetrator must have deceived,that is to say,false things,or passed false information,the essence of which is to make the victim fall into or maintain misunderstanding and dispose of property.