Research On Criminal Regulation Of AI-Crime

Artificial intelligence criminal law regulation is an important means to maintain social stability and protect human rights,and it plays an indispensable positive role in the system of artificial intelligence legal regulation.Today,with the rapid development of artificial intelligence technology,criminal crimes involving artificial intelligence will eventually show a trend of more,and the problem that the traditional criminal justice concept lag can not be ignored.Artificial intelligence crimes are complex and varied,and there are no examples to follow.They mainly include crimes targeting at artificial intelligence,crimes committed by using artificial intelligence,and crimes committed independently by the artificial intelligence itself under its own will.Although some of the charges in China’s criminal law can directly regulate AI crimes,there are still many problems that cannot be ignored,such as the low degree of criminalization,the unclear status of AI as the subject of criminal responsibility and the subject of crime.Among them,the subject position of artificial intelligence crime should be treated dialectically,can not be generalized.Weak artificial intelligence is only responsible for executing the programs written by human beings,and has no autonomy.Moreover,its superficial "control ability" and "recognition ability" are also attached to human beings,so it cannot be regarded as the criminal subject in the criminal law.On the other hand,strong artificial intelligence has already possessed the "control ability" and "identification ability" in criminal law,and can carry out criminal acts independently under self-consciousness,so it should be regulated by the artificial criminal subject.In addition,weak artificial intelligence does not have the reality to bear criminal responsibility,but strong artificial intelligence has the necessity and possibility to bear criminal responsibility.Of course,traditional criminal law has not been completely ineffective in dealing with the impact of AI technology.Crimes committed with artificial intelligence as a tool can be directly investigated for the intentional responsibility of the perpetrator.In the case of breach of duty of care,the user and producer can be investigated for negligence liability.However,we should also see the limitations of the traditional criminal law,can not be forthcoming and the traditional criminal law can not solve the problem to avoid talking about.Appropriate forward-looking legislation should be carried out while maintaining the modest position of criminal law,so as to perfect the criminal regulation of artificial intelligence by endowing strong artificial intelligence with the subject status of crime,adding specific charges to regulate artificial intelligence crime,and reconstructing the penalty system.