| At this stage,with the maturity of artificial intelligence technology,the emergence of artificial intelligence products is endless.As a driver of the technological revolution in the new era,it has brought about accelerated development in different fields,but at the same time,legal risks brought by emerging technologies.It is also inestimable.With the advent of the era of the Internet of Everything,the rapid development of big data,and the updating of various algorithm theories,artificial intelligence has entered an explosive development stage.Developed countries around the world are actively investing in artificial intelligence technology,and are striving to master the development in this field Dominance.The current artificial intelligence technology realizes self-learning in a specific field,and can completely break away from human control and achieve self-operation in a specific field.At the same time,the rapid development of science and technology has also brought certain realities and legal risks.The legal risks posed by artificial intelligence are different from traditional scientific and technological risks.As can be seen from the foregoing,the era of big data has led to the rapid development of artificial intelligence deep learning research.The risks posed by deep learning actually stem from the data and algorithms that have driven it.The progress of criminal technology has greatly reduced the cost of crime,and also caused some traditional crimes to undergo quantitative and qualitative changes.In fact,it has brought greater risks and threats to social life.For example,some criminals have applied artificial intelligence technology to cracking and theft.The victim’s personal information,using the obtained information to scam them,has caused property and even personal loss.For such problems,the theoretical discussion at the current stage is mainly from the blame of the main body of artificial intelligence,and the actual problem is due to the interaction mode between human and machine,which makes the user and the tool cannot be completely separated,and the machine is adapting.Users make continuous self-adjustment,so they cannot limit the restricted objects or the blame objects to the users,but must add the intellectual considerations of artificial intelligence itself.Although the legal issues of artificial intelligence are entangled with the subject matter of artificial intelligence and robots’ application of qualifications and blame,as mentioned above,at the substantive level,the problems they reflect are the adjustment scope and adaptability of criminal law causality in the era of artificial intelligence.In the case of deviation and weakening,how should the artificial causation of artificial intelligence robots and their behaviors and results be attributed to objective causation and liability attribution.Therefore,this article mainly aims to study the two areas of legal causality and artificial intelligence,analyze the current dilemmas,alienation of behavior,and mutual fusion in these two areas,and finally solve the problem of determining the causality of artificial intelligence behavior.This article studies the traditional theories of causality in traditional criminal law,sorts out the dilemmas encountered in analyzing artificial intelligence behaviors using traditional causality,proposes differences between artificial intelligence behaviors and traditional criminal behaviors,and points out the reasons why traditional causality is difficult to apply.The specific analysis of the command behavior of artificial intelligence and the characteristics and behavior patterns of robot behavior,through reflection on various internal models of legal causality,and then merging the internal characteristics of the legal system with the external characteristics of artificial intelligence behavior,and finally showing the adaptability the causal model of criminal law to determine the criminal law causality of artificial intelligence behavior.This article not only aims to solve the predicament of causality determination of related behaviors that occur now and in the future,but also provides a feasible way for the law to respond to social changes.It is mainly based on Luhmann’s system theory.Through the observation and research of the external social characteristics of the law,analyze the behavior characteristics and logical basis of the external society,and then debug the internal system of the law to build a system that can successfully respond to the external system.Combined with this article,it is mainly through the in-depth analysis of the criminal risks and different behavior characteristics of artificial intelligence behavior,through the study of the behavior models of different systems,and the reflection on the different modes of legal causality.In the closed state,the goal of the fusion of both the internal legal system and the external system based on its regulation solves the criminal law causality identification problem of artificial intelligence behavior.Finally,it is proposed that the criminal law causation determination standard for artificial intelligence behaviors should be based on the risk standard model.Through amendments to the risk standard model,the actions and non-directed algorithm modes of the artificial intelligence system are then modified respectively.As an evaluation for attribution and attribution. |
