Negation On Criminal Liability Subject Qualification Of Artificial Intelligence

Artificial intelligence is not only a technical revolution,with artificial intelligence for rapidly integrated into everyday life,artificial intelligence will be more dimensions and human interaction,in the field of social economic and cultural life will trigger a series of change,we need to clarify the relationship between human and artificial intelligence to cope with the upcoming of shock.The field of artificial intelligence is extensive and complex.As far as criminal law is concerned,a primary issue is how to evaluate and regulate the behavior of artificial intelligence harming society.Firstly,based on the investigation of the basic elements of criminal law,it can be found that the subjective status of artificial intelligence in criminal law cannot be recognized.No matter what stage the artificial intelligence technology develops,giving the machine the position of the subject of criminal responsibility is in conflict with the value and theoretical system of criminal law.Secondly,focusing on the theory of crime and the theory of penalty,as for the qualification of artificial intelligence as the subject of criminal responsibility,the key lies not in the degree of technological maturity,but in the evaluation direction of the criminal law,it can be found that artificial intelligence does not possess the fact elements and normative elements in the concept of behavior.Behavior is constructed on the basis of human participation in social interaction,and the behavior of artificial intelligence cannot be accepted and evaluated by the social order constructed by human.On the basis of the ability of guilt is more unable to cross the gap,because of the lack of human cognitive thinking and consciousness of the world,the ability of artificial intelligence does not exist "self-determination",artificial intelligence will freedom can not be admitted that,following the logical laws of mechanical action of the artificial intelligence also have no sense of the norms of criminal law to identify the ability and control ability.Finally,when we turn our attention to penalty,the attribute,function and purpose of penalty cannot be applied to artificial intelligence,so the punishment of intelligent machines will be lost.In the foreseeable future,the criminal law risks related to artificial intelligence should be solved by setting the duty of care of human,the subjectobject relationship between human and artificial intelligence should not be changed,and it is too early to give artificial intelligence the qualification of subject of criminal liability.