The Possibility and Limitation of Legal Subject Status of Artificial Intelligence from the Perspective of Criminal Law

Authors: Na J* and Xin T

DOI: 10.23880/ijfsc-16000429

Volume 10, Issue 1

Abstract

As the application of artificial intelligence is more and more involved in human life, the investigation of the legal subject status of artificial intelligence has also become a major hot spot in the field of jurisprudence. The creation of artificial intelligence brings convenience to human life, but also brings harm, how to govern this harm from the perspective of criminal law is very important. Artificial intelligence is divided into strong artificial intelligence and weak artificial intelligence, both of which have affirmative and negative statements about the status of legal subjects. Through analysis, it is found that the artificial intelligence in the current era still belongs to the weak artificial intelligence, does not have the status of legal subject, due to the lack of subjective consciousness, it is difficult to identify the subject of the implementation of hazardous acts, the lack of sentencing capacity, and should not be held criminally liable. When weak artificial intelligence causes harm results independently from natural persons, but cannot bear criminal responsibility, it should still be treated as a legal object, and special legislation should be adopted to clarify the producer and user's duty of care and criminal responsibility for negligence, or special ways such as degradation and forced labor should be adopted to deal with the harm caused by weak artificial intelligence from the perspective of prevention and compensation.

Keywords: Artificial Intelligence; Legal Subject Status; Criminal Liability

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