The reason why human beings can become criminal subjects,Because bet365 premier league odds has criminal responsibility ability consisting of identification ability and control ability。Anthropocentrism believes,Only humans have moral rationality,Need to bear moral responsibility,So bet365 premier league odds can become a criminal subject。The philosophical basis of anthropocentrism,bet365 premier league odds is rationalism and libertarianism。Kant believes,“Consider what is desirable (i.e., what is good and beneficial) in relation to our overall state, etc.,According to reason”。Human reason is essentially different from animal instinct,And crime is an irrational expression,Therefore only humans can commit crimes。Because reason is based on free will,Therefore, free will becomes the basis for imputation。Rationalism and free will essentially belong to the category of idealist philosophy。In other words,What is rationality?What is free will?I’m afraid no one can give a consistent basis and standard for judgment。Take morality as an example,Different regions、Different groups and different times,Moral or moral standards are different。The same is true for free will,A person’s freedom of will is affected by many factors,Difficult to generalize。This determines the ability to identify and control with free will as the core,bet365 premier league odds also varies from person to person。
Unlike humans as biological organisms,As a mechanical organism, artificial bet365 premier league odds is an intellectual achievement of human beings。Then,Can artificial bet365 premier league odds be like humans,Become an "agent" of moral reason?To this,Many people deny it。However,Deniers mostly stand on the formal side、Express your opinions from an emotional standpoint。For example,Many scholars believe that,Artificial bet365 premier league odds is a purely mechanical structure,Completely different from flesh and blood humans,How is it possible to have rationality and freedom of will?The "tacit understanding", "spiritual collision" and "can only be understood" of human beings,Unspeakable" and other emotions、Emotional characteristics,And the flexible and changeable characteristics of subjectivity,It is something that artificial bet365 premier league odds will never be able to possess,etc.。This view seems reasonable,There are essentially three misunderstandings。
First, the requirements for criminal liability of artificial bet365 premier league odds are too high。Human beings do have the ability to "tacitly understand" and "can only understand",Indescribable" and other advanced subjective psychological abilities,This makes its subjectivity characteristics far beyond those of animals。But not all people with the ability to be criminally responsible have it。For example,A person with an IQ of 60 is a person with limited capacity for criminal responsibility,But it is usually impossible to have advanced intellectual abilities such as "tacit understanding" and "mind collision"。Even,For normal humans,"Tacit understanding" "Only understanding,Only some people have advanced psychological abilities such as "indescribable",There are many "dumb" and "unenlightened" people in life,They often lack such mental ability。If advanced human intellectual abilities such as "tacit understanding" and "spiritual collision" are used as the basic conditions for moral agency,Obviously unreasonable。
The second is confusion of emotions、Suspicion of emotional capacity and criminal responsibility。Many psychological characteristics of people,Especially emotions、Psychological characteristics of emotions,It may be something that artificial bet365 premier league odds and other mechanical organisms will never be able to achieve。But,Emotion、Emotional ability, recognition ability and control ability are not completely overlapped。Objectively speaking,Emotion、Although emotional ability can affect it to a certain extent,But it does not determine the ability to identify and control,There are still differences between the two。For example,Even those who have blunt emotions and emotions,In criminal law, it can also be considered to have complete identification and control capabilities。Visible,Emotion、Emotional capacity and criminal responsibility capacity are not the same thing,Should not be confused,Artificial bet365 premier league odds should not be considered as having some advanced human emotions、Emotional ability,As the basis for his inability to be criminally responsible。
The third is to ignore the development and progress of science and technology and the possibility of unlimited development of artificial bet365 premier league odds technology。Undeniable,The current artificial bet365 premier league odds technology has not yet reached the point where artificial bet365 premier league odds has the level of human bet365 premier league odds。But,This does not mean that technological development does not have such a possibility。If there is such a possibility,Then deny that intelligent agents can become moral agents,That’s too absolute。Just like the view that artificial bet365 premier league odds can currently replace humans,It’s all based on wishful thinking。From the perspective of theoretical research,At least not a scientific attitude。
Then,Can artificial bet365 premier league odds have recognition and control capabilities similar to humans?The author thinks,Theoretically it is possible。
First,Artificial bet365 premier league odds has the technical foundation to generate recognition and control capabilities。Human identification and control abilities are controlled and determined by the brain,Its formation is also based on the brain’s reflection of the material world。Artificial bet365 premier league odds also has its own "brain" - computer program,It can be identified based on this、Cognitive things,Facts have proved that this is indeed the case。Although it is different from the human brain,Their recognition and control capabilities are inferior to humans in many aspects,But it is also more than human in many aspects。It can be said,In the future, the recognition and control capabilities of artificial bet365 premier league odds will reach or even surpass humans,Not impossible。
Secondly,The identification and control capabilities of artificial bet365 premier league odds have a certain degree of independence。Everyone knows,Go is the most complex card game invented by mankind so far,The change is equivalent to the factorial of 361。But,The third generation of AlphaGo, AlphaGo Zero, already has unsupervised autonomous learning capabilities,That is, no human chess records are needed, just rules,You can learn to play Go independently from a blank state。And,After 40 days of self-study,His Go level has reached the point where he can crush the second generation AlphaGo Master (score is 89:11,The latter is the artificial bet365 premier league odds that crushed Ke Jie, the current number one player in Go, and made him despair)。This is enough to show that artificial bet365 premier league odds is not completely controlled by humans,This uncontrollability,Is evidence that its identification and control abilities are independent。
AGAIN,There is a precedent for non-biological organisms to become criminal subjects。This precedent is a legal person。Many people think,Because behind the legal person is a natural person,Therefore, crimes committed by legal persons are essentially equal to crimes committed by natural persons。There are obviously problems with this view: first,The reason why the natural person behind the legal person shall bear criminal liability as a legal person,It is impossible to explain why legal persons are punished after punishing natural persons,The natural person behind the punishment is enough。Second,Logically,Behind artificial bet365 premier league odds are humans,Behind the legal person are also human beings,Why legal persons can become criminal subjects,But artificial bet365 premier league odds can’t?This obviously doesn’t make sense。Some would think,Because the consciousness and will of legal persons are dependent on the consciousness and will of human beings。If you understand it this way,Then the problem is obviously back to the original point,That’s the first question,It will be difficult to justify itself。Third,Since the law stipulates that legal persons can become criminal subjects,It shows that crime is no longer limited to humans as biological organisms,This is different from whether there is a natural person behind it。
It can be seen from the above,It is entirely possible for an intelligent agent to be a moral agent,It’s just that the specific content and form of artificial bet365 premier league odds’s intelligent agent may be different from human moral agents,At least for now。At the same time,The diversity of human moral agents also leaves room for intelligent agents to become moral agents。What we need to reflect on is,Some high-end human emotions should not be treated as such、Emotional characteristics as the basic essence of moral agency,Even to the point of denying the possibility of intelligent agents becoming moral agents because artificial bet365 premier league odds does not possess it。If artificial bet365 premier league odds and bet365 premier league odds are incomplete、Compared to people with lower IQs who limit criminal responsibility capabilities,I think the idea that artificial bet365 premier league odds is morally inferior to humans may no longer be so strong。Although the two still have their own strengths in identification and control abilities,But the overall degree of criminal liability is obviously much closer。Since people with limited capacity for criminal responsibility can become criminal subjects,Why can’t artificial bet365 premier league odds?
The last thing that needs to be explained is,The perspective from moral agents to intelligent agents covered in this article,Some are based on a certain reality,Exploring the possibilities that have not yet happened,Cannot be completely equated with reality。As a theoretical study,There can be a generational difference from reality,Because theory can be ahead of reality。Especially for an unprecedented technological organism like artificial bet365 premier league odds,Advanced theoretical discussion is necessary,It’s better to take precautions than to remedy the situation before it happens。current,Limited by the stage of technological development,The bet365 premier league odds level of artificial bet365 premier league odds has not reached the level of humans,So it is said that the intelligent agent of artificial bet365 premier league odds can be comparable to the moral agent of human beings,Too early。As for whether artificial bet365 premier league odds can become a complete criminal subject like humans,Maybe we won’t know until the arrival of strong artificial bet365 premier league odds。Even with the arrival of strong artificial bet365 premier league odds,Artificial bet365 premier league odds should become a criminal subject with legal significance,There still needs to be explicit provisions in the criminal law,Otherwise it violates the principle of legal punishment。
(The author is the dean of the School of bet365 premier league odds Justice, Shanghai University of Political Science and Law、Professor)
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