Difficulties and Countermeasures in Defining Criminal Subjects in Criminal Law in the Era of Artificial Intelligence

Abstract

With the development of artificial intelligence constantly intervening in various aspects of social life, numerous legal issues arising from it urgently need to be resolved. Issues such as whether artificial intelligence has the qualification as a criminal subject in the field of criminal law have become increasingly controversial. The article reflects on the dilemma of artificial intelligence as a criminal subject, such as the lack of corresponding legal personality, uncertainty of subjective elements, and the lag of criminal law; Through typical examples such as autonomous driving, smart healthcare, and finance, demonstrate the shortcomings of current criminal law in terms of artificial intelligence accountability; Proposed the establishment of a responsibility system centered on "people", combining the absorption of legal agency ideas, exploration of innovative responsibility methods, and enrichment of pre-existing norms to form a diversified responsibility system. At the same time, it is necessary to establish legislative innovation and institutional improvement under artificial intelligence technology while adhering to the basic principles of criminal law.