强人工智能体刑事责任承担之设想

Criminal Responsibility of Agents of Strong Artificial Intelligence

强人工智能体可以具备辨认和控制能力,其基于独立意志在编程范围外实施严重危害社会的行为理应受到刑法规制.我国现行刑法体系中责任主体仅包括自然人与法人,刑事责任承担方式也不能完全适用于强人工智能体,无法应对强人工智能时代的刑事风险.为此,应通过赋予强人工智能体刑事责任主体地位,对犯罪的强人工智能体设置财产刑、限制行为自由、修改程序的刑事责任承担方式.

Agents of strong artificial intelligence should be regulated by criminal law for their behaviors that seriously endanger society outside the scope of programming based on their independent wills.However,the subjects of responsibility in current criminal law system in China only comprise natural persons and legal persons,and ways to bear criminal responsibility can’t fully apply to these agents,so the current criminal law can’t cope with criminal risks in the era of strong artificial intelligence.Suggestions are proposed that agents of strong artificial intelligence should be endowed with the status of subjects of criminal responsibility,and that ways to bear criminal responsibility should be set such as property punishment,restrictive freedom of behavior,and program modification.