类人型人工智能实体的刑事责任主体资格审视
On the Qualification of Criminal Responsibility of Humanoid AI Entities

现行刑法主体概念对于人工智能法律主体规制的缺位,无形中增加了人们对于智能风险的恐惧。当下,各部门法在人工智能领域的探索已显雏形,刑事法的规制却略显保守。类人型人工智能实体与自然人的相似程度比动物、单位更高,包含法律设定主体的本质要素 ――理性,并具备侵犯法益的可能性,从而增强了赋予其刑事责任主体地位的必要性;从刑法内部构成的教义学层面分析,类人型人工智能实体具备刑法上的认知控制能力及受刑能力,能够成为刑事责任主体,以预防智能犯罪,遵从刑事责任主体基本内涵的统一性与罪责自负原则。
The main concept of the current criminal law has increased the public′s fear of intelligent risk because of the absence of legal regulation of artificial intelligence. At present, the exploration of law from different departments in the field of artificial intelligence has begun to take shape, while the regulation of criminal law is more conservative. The humanoid artificial intelligence entity is more similar to the animal, the unit and the natural person. It contains the essential element of the subject of law setting ― rationality, and has the possibility of violating the legal interest, which may enhance the necessity of giving the subject status of the criminal responsibility. At the doctrinal level of the criminal law, the analysis shows that, in order to prevent intelligent crime, to comply with the principle of unity of the basic connotation of the subject of criminal responsibility and the principle of self？？responsibility for guilt, humanoid artificial intelligence entity has the ability of cognitive control and punishment in criminal law, and it can be the subject of criminal responsibility