人工智能体的刑法规制

Regulation of Criminal Law for Artificial Intelligence

刑法规范的主体应是“人工智能体”而非“人工智能”。现有法律制度能够有效地规制弱人工智能体,只有立足于强人工智能体的刑法思考才有意义。强人工智能体具有自由意志,能够辨认、控制自己行为的性质、意义、后果,实现人机之间的交流互动,因此,应承认强人工智能体的刑事责任主体地位;其承担刑事责任的哲学根据是享有自由意志,法学根据是符合犯罪构成;基于对强人工智能体犯罪主体资格的承认、刑罚目的的要求与罪责自负的贯彻等因素,有必要对强人工智能体施加刑罚;针对强人工智能体的刑罚模式仍主要以罚金方式处之,拥有自主财产的人工智能体处罚金,没有自由财产的强人工智能体以劳动作为代价进行罚金的偿还。

The subject of criminal law regulation should be artificial intelligence agent rather than AI.The existing legal system can effectively regulate weak artificial intelligence agent,and only the thinking of criminal law based on strong artificial intelligence agent is meaningful.Strong artificial intelligence agent has free will and can identify and control the nature,meaning and consequence of its own behavior,so as to realize the communication and interaction between man and machine.Therefore,strong artificial intelligence agent should be recognized as the subject of criminal responsibility.The philosophical basis of its criminal responsibility is to enjoy free will and the legal basis is to conform to the constitution of crime.It is necessary to impose punishment on the strong artificial intelligence agent based on the recognition of the qualification of the criminal subject,the requirement of the purpose of punishment and the implementation of the self-responsibility of the crime.The punishment mode for the strong artificial intelligence agent is still mainly in the form of fine.It will be fined with independent property,without free property will repay the fine at the cost of labor.