| In the 21st century,China is vigorously developing artificial intelligence technology.With the continuous updating and progress of technology,new criminal ways and means have brought great challenges to the traditional criminal law.For example,the widespread use of autonomous vehicles has brought convenience to people’s lives,but the problem of liability for traffic accidents is particularly complicated.Another example is the killing of robots.Who should pay for this tragedy is an important issue that we need to face.It is in this context that this paper faces up to these challenges and deeply discusses ai-related crimes from the perspective of criminal law,hoping to promote criminal legislation to keep pace with The Times and provide ideas for judicial practice to properly deal with relevant difficult cases.The first part is the introduction.This part mainly from the topic selection background and significance of the paper,domestic and foreign research status on related issues,the research ideas,methods and innovation of this paper and other aspects of specific elaboration.The second part is an overview of artificial intelligence,which is divided into weak artificial intelligence and strong artificial intelligence.At the same time,it discusses the risk and types of crimes of artificial intelligence,so as to have a preliminary understanding of artificial intelligence crimes.The third part is the artificial intelligence of criminal subject qualification denial,which is the focus of this paper.This paper analyzes that artificial intelligence is different from natural person and does not have the freedom of will of natural person.Different from legal person,it does not have the characteristics of unified rights and obligations of legal person.Moreover,giving artificial intelligence the subject status is divorced from social practice and does not accord with the principle of legality of punishment for a crime,thus drawing the conclusion that artificial intelligence can not become the subject of a crime.The fourth part is the criminal responsibility analysis of crimes involving artificial intelligence.On the basis of denying the qualification of artificial intelligence as the subject of criminal law,this paper analyzes in detail the duty of care in criminal law of developers,producers and users,as well as the specific identification of their intentional crimes by using artificial intelligence and artificial intelligence-related negligence crimes.The fifth part is the further response of future criminal law to crimes involving artificial intelligence.In order to better deal with the social risks brought by artificial intelligence crimes,this paper first based on the modesty of criminal law,improve the existing crimes,such as:improve the crime of violating citizens’ personal information,traffic accident crime,illegal use of information network crime,serious liability accident crime;Secondly puts forward some countermeasures to add specific crime legislation,such as:add artificial intelligence responsibility accident crime,the crime of illegal use,abuse of artificial intelligence,design,manufacture,sales,use is not in conformity with the safety standards of artificial intelligence product,unauthorised changes to the product of artificial intelligence algorithms and applications of sin,etc.,in order to better cope with the future of artificial intelligence crime risk brought by the high speed development. |
