Artificial intelligence mainly includes three development stages: ordinary robot stage,weak artificial intelligence stage and strong artificial intelligence stage,which correspond to the past,present and future of social development respectively.It is necessary to explore whether artificial intelligence can become the subject of criminal responsibility,which is determined by the risk of artificial intelligence,the serious harm of artificial intelligence damage and the stability and foresight of criminal law.The risks of artificial intelligence include the "tool utilization" risk of using artificial intelligence as a crime tool,the "crime object" risk of taking artificial intelligence as the crime object,the "out of control" risk of artificial intelligence itself and the risk of unpredictable future.In addition,the harmful behavior implemented by artificial intelligence also has social harmfulness,which needs to be regulated by criminal law.As for the stability and foresight of criminal law,we need to know that the development of artificial intelligence technology is very rapid,but the law is lagging.In order to ensure the stability and foresight of criminal law and avoid the need to modify the law frequently to realize the regulation of artificial intelligence in the future,at present,we must alleviate the contradiction between the rapid development of artificial intelligence technology and the lack of criminal law theory by improving criminal law.There are different views on whether artificial intelligence should be given the qualification of subject of criminal responsibility.Negationists believe that artificial intelligence can not be given the subject of legal responsibility,because the original intention of artificial intelligence design and manufacture is to be a human tool,artificial intelligence consciousness and free will,and the application of penalty to artificial intelligence can not achieve the purpose and function of penalty.Affirmative theorists believe that artificial intelligence has consciousness and free will,and artificial intelligence has more similarities with legal persons and natural persons.At the same time,the development trend of society also requires giving it necessary rights.Therefore,we should give artificial intelligence the qualification of subject of criminal responsibility.The development of science and technology is endless.The essence of denying the criminal subject qualification of artificial intelligence is to deny the objective fact of the sustainable development of science and technology in the future.Human beings are entering the era of strong artificial intelligence.Strong artificial intelligence has consciousness and free will,the ability to identify and control their own behavior and certain socialized characteristics.Strong artificial intelligence,like human beings,will also implement behaviors with serious social harm based on their free will,and the current criminal law does not have any response to such harm that may occur on a large scale in the future.The criminal law should have the foresight of prevention,endow the criminal subject qualification of artificial intelligence and regulate its behavior in the way of punishment,which can not only realize the comprehensive protection of social relations by the criminal law,but also prevent the artificial intelligence crime with independent consciousness and realize the purpose of crime prevention by the criminal law.Therefore,China’s criminal law should give the criminal subject qualification of artificial intelligence,add a section of "artificial intelligence crime" in the second chapter,establish the principle of responsibility for artificial intelligence crime,and combined with the characteristics of artificial intelligence,add penalty measures suitable for artificial intelligence in the third chapter,so as to build a new penalty system under three types of criminal subjects: natural person,legal person and artificial intelligence. |