Criminal Law Response To The Risks Associated With Artificial Intelligence

The rapid development of artificial intelligence technology changes the cognitive and historical process of human beings,and also leads to the intertwined superposition of risk challenges,which has an impact on the criminal rule of law in China.First of all,the current criminal legislation in the field of artificial intelligence should adhere to the traditional humble position or adapt to the development of technology for appropriate expansion has become a major challenge to criminal law;Secondly,the uncontrollable criminal law dilemma caused by artificial intelligence decision leads to the discussion of whether to make it a criminal subject.The traditional criminal legislation depends on the change of social conditions,too much attention to the result of real harm and the traditional principle of guilt is not conducive to the prevention of criminal risk.Therefore,the traditional criminal law modesty position is no longer suitable for the needs of artificial intelligence era.Because of the lack of identification ability,control ability and free will,and the essential difference with legal person,and the lack of human sociality and practicality,artificial intelligence in theory does not have the essential attribute of criminal subject;The lack of penalty measures and the failure of penalty function make it impractical to be criminal subject.The lack of artificial intelligence becomes the condition of the subject of crime,so artificial intelligence can not bear the responsibility of infringement of legal interests.The new fault theory has unparalleled advantages in the old fault theory and the super-new fault theory.Therefore,it can be used as a rational choice to punish natural persons in the field of artificial intelligence.