Research On Criminal Liability In The Era Of Weak Artificial Intelligence

Nowadays,the development of artificial intelligence technology is fast,but in my country’s legal circles,especially in the field of criminal law,the research on artificial intelligence legal issues has just started.The rapid development of technology and the increasingly common crime cases involving artificial intelligence in reality force us to seriously think about criminal legal issues caused by artificial intelligence technology.This article takes the current era of weak artificial intelligence as the background,and under the guidance of forward-looking criminal law concepts,systematically analyzes and studies the criminal responsibility of crimes involving weak artificial intelligence,and builds on the basis of predecessors’ wisdom.A complete criminal responsibility system.This article includes the following three parts.The first part mainly summarizes the basic situation of weak artificial intelligence,a new thing.First of all,this article takes the current academic world’s authenticity of the concept of artificial intelligence as an entry point,and briefly discusses the upper concept of artificial intelligence.Then,on the basis of affirming the concept of artificial intelligence,lead to the research object of this article-weak artificial intelligence.Weak artificial intelligence is a technology that enables machines to have deep learning capabilities through programming and can perform activities like humans within the scope of programming.As a symbol of the era of weak artificial intelligence,weak artificial intelligence robots have three characteristics: deep learning,non-autonomy,and non-subjectivity.Weak artificial intelligence robots should be defined as "tools" in terms of legal attributes because they meet the two conditions of non-free will and domination.There are significant differences between weak artificial intelligence robots and related concepts such as natural persons,units,and animals.The second part mainly discusses the criminal offenses and the necessity of criminal laws and regulations in the era of weak artificial intelligence.This paper makes a dialectical analysis of the pros and cons of weak artificial intelligence technology.On the premise of affirming that weak artificial intelligence technology benefits human society,it emphasizes that with the development,maturity and practical application of weak artificial intelligence technology,the various levels of the country,society,and individuals There are serious criminal legal risks of crimes involving weak artificial intelligence in all fields.By comparing and analyzing the nature of traditional crimes,crimes involving weak artificial intelligence can be divided into three types: weak artificial intelligence crimes that have the same social harm as traditional crimes,and weak artificial intelligence crimes that cause "quantitative changes" in the social harm of traditional crimes.Crimes,weak artificial intelligence crimes in the form of new crimes.Therefore,it is necessary to regulate criminal laws and regulations related to crimes involving weak artificial intelligence.The necessary criminal law system not only reflects the requirements of forward-looking criminal law concepts,but is also determined by its serious social harm.In addition,a reasonable criminal law system not only conforms to the principle of crime,responsibility and punishment,and the economic principle of criminal law,but also does not violate the modest nature of the criminal law.The third part mainly discusses the criminal responsibility of crimes involving weak artificial intelligence.This article carefully sorts out the current views of domestic and foreign scholars on this issue and summarizes them.Since weak artificial intelligence robots do not have independent self-consciousness and cannot recognize and control their own "behavior",they are "intelligent tools" of the perpetrator in legal nature.Therefore,they should still be used by the producers and users behind the weak artificial intelligence robots.The person bears criminal responsibility.Based on this,this article proposes to conduct research based on whether crimes involving weak artificial intelligence are intentional crimes or negligent crimes.On the one hand,in the case of deliberate crimes involving weak artificial intelligence,the issues that need to be discussed for producers and users are not the same: for producers,they may either specifically manufacture robots for illegal purposes,or they may be legal.Purpose to manufacture robots.In the former,the producer bears the criminal responsibility of deliberate crime and can only be directly and intentionally subjective;in the latter,the establishment of deliberate crime is excluded.For users,the issue of the distribution of responsibilities between them and the producers is a top priority.On the other hand,in the case of negligence crimes involving weak artificial intelligence,what urgently needs to be resolved is the source of the actor’s duty of care,the content of the duty of care,and the benchmarks for predicting the possibility of results.In addition,based on concerns about the characteristics and harmfulness of weak artificial intelligence robots,it is possible to consider the criminal responsibility of the producer for supervision and management negligence based on the principle of relatively strict liability.For users,they can only be held criminally responsible for their general negligence.Finally,for crimes where the current criminal regulations are insufficient or unregulated,this article recommends that legislators revise the relevant regulations of the criminal law as soon as possible and add "illegal use of artificial intelligence crime" and "artificial intelligence product accident crime" to regulate them as soon as possible.