人工智能体的刑事可罚性研究

Research on the Criminal Responsibility of AI

摘要: 人工智能技术的发展带来了相关的人工智能体犯罪，人工智能体是否可罚，如何处罚成为亟待解决的问题。在学界普遍认可的人工智能体分类的基础上，弱人工智能体因不具备自由意志、不拥有一致的权利义务，不能被认定为刑事责任主体，只能以间接归责模式追究其背后行为人的故意或过失责任；强人工智能体具备自由意志、拥有一致的权利义务，可被认定为刑事责任主体，以直接归责模式追究其自身的故意或过失责任，适用相应的生命刑、财产刑和资格刑。

Abstract: The development of artificial intelligence technology has brought about the related crimes of artificial intelligence. Whether the artificial intelligence can be punished and how to punish it have become urgent prob-lems to be solved. On the basis of the generally accepted classification of AI, weak AI cannot be rec-ognized as the subject of criminal responsibility; because they do not have free will and do not have consistent rights and obligations, they can only pursue the intentional or negligent responsibility of the actor behind them in the indirect imputation mode. Strong AI with free will and consistent rights and obligations are recognized as the subject of criminal responsibility, in the direct imputa-tion mode, investigates its own intentional or negligent responsibility, and applies the correspond-ing life penalty, property penalty and qualification penalty.