| Since the birth of artificial intelligence technology,the theory and technology have gradually matured,coupled with the support of national policies,and gradually developed rapidly.It has been widely used in medical treatment,home,transportation and other fields,and has made amazing achievements,it offers new opportunities for the development of the human world.However,while we enjoy the convenience of artificial intelligence,we should also pay attention to the increasing criminal risks it brings and the new challenges it brings to the current legal system.So in order to better promote the development of artificial intelligence,criminal law needs to make appropriate adjustments,the most important of which is the allocation of legal responsibility.The distribution of legal responsibility,the most important is to determine the subject of criminal responsibility.According to the prevailing view,artificial intelligence can be divided into Strong AI and weak artificial intelligence.It is generally believed that weak artificial intelligence does not have the qualification of criminal subject,but only has an impact on the distribution and transfer of responsibility,however,there is a dispute on whether the Strong AI should have the status of subject of criminal responsibility because of its possible independent volition,and no consensus has been formed.On the qualification of criminal subject of Strong Ai,there are mainly affirmative,negative and neutral views in the field of criminal law.Based on the forward-looking characteristics of criminal law,the author holds that Strong AI should become the subject of criminal responsibility,and thus bear the corresponding legal responsibility for its harmful acts.The negative theory holds that although the criminal law has a forward-looking idea,the determination of the criminal subject of artificial intelligence should not be based on the theoretical prediction in the future,but should be based on realism and aim at different types of artificial intelligence damage,on the basis of conforming to the law of social and historical development,we should find the real subject of crime;in the current process of social development,the function of artificial intelligence should not be exaggerated,and the premise of exploring the forward-looking nature of criminal law is based on reality,therefore,ai does not have the qualification of subject of responsibility in the sense of criminal law,which is more in line with the nature of current social development.As far as artificial intelligence itself is concerned,it is only a program and function designed under human intelligence.It is designed by implanting various data,theories and so on into it,in essence,Ai does not think on its own,nor does it have the ability to distinguish and control in the sense of criminal law,so its behavior can not be evaluated in the sense of criminal law.If it is brought into the scope of criminal law,it will violate the purpose and value of criminal law and not accord with the original intention of criminal penalty.Law is a human order,regulating human behavior.Only on the basis of the principle of modesty and restraint,we can regulate the behavior that endangers the society,and then we can promote the development of artificial intelligence in the right direction.In view of the problems raised above,starting from the challenge of artificial intelligence to the criminal law,through analyzing the current situation of the development of the Criminal Law of artificial intelligence at home and abroad and the different viewpoints of the theoretical circle,this paper discusses whether artificial intelligence can become the subject of criminal responsibility,then it analyzes the main body of liability and the way of liability for artificial intelligence damage,in order to solve those problems which are not clearly stipulated in the existing law.Therefore,in the light of the current situation of the development of artificial intelligence,this paper analyzes the problems in the use of artificial intelligence,the harm it causes to the human society,the impact it has on the current criminal law,etc.,summed up their own artificial intelligence in the criminal law level,especially the qualification of Criminal Law Subjects,this paper probes into the challenge of artificial intelligence to criminal law,the present situation of legislation at home and abroad,the viewpoints of scholars,and the ways of dealing with criminal law,so as to have a deeper understanding and research on the qualification of criminal subject of artificial intelligence. |
