Criminal responsibility ability of moral agency and artificial intelligence
September 04, 2019 09:41 Source: "Chinese Social Sciences" September 4, 2019 Total No. 1771 Author: Peng Wenhua

The reason why humans can become a criminal subject,It is because of its criminal responsibility ability composed of recognition and control capabilities。Human centralism theory thinks,Only humans have morality,Need to bear moral responsibility,Therefore, it can become the subject of crime。The philosophical basis of human centralism,Is the theory of rationalism and free will。Kant thinks,"For the whole state of our person to consider what the desire person is (that is, it is good for those who are considered good), etc.,then according to rationality "。People’s rationality is essentially different from animal instincts,Crime is an irrational manifestation,Therefore, only people can commit crimes。Because rationality is based on free will,Therefore, the will of freedom becomes the basis of blame。The essence of rationalism and freedom belongs to the category of idealism philosophy。In other words,What is rational? What is free will?。Taking morality as an example,Different regions、Different groups and different time,The standard of moral or morality is different。Liberty will also be like this,A person’s will of the free will be affected by many factors,It is difficult to generalize。This determines the recognition and control ability of freedom as the core,It is also varying from person to person。

Different humans that are organized as organisms are,Artificial intelligence as a mechanical body belongs to human intellectual achievements。So,Can artificial Bet365 app download intelligence be like humans,What about become the "agent" of moral rationality? This,Many people give negative。but but,Most of the negatives stand in the form、Sensitive stance Express my opinion。For example,Many scholars think,Artificial intelligence belongs to pure mechanical structure,It is completely different from humans with flesh and blood,How could it be free and free? Human "unwilling mind", "spiritual collision", "only meaning to be,Unspeuded "and other emotions、Emotional Features,and the changing subjective features of the agile and changing,It is always difficult to have artificial intelligence,etc.。This view seems to make sense,In essence, there are three misunderstandings。

First, the requirements for criminal responsibility for artificial intelligence are too high。Human beings do have "unwilling mind", "only meaning to be,Unspeuded "and other advanced subjective psychological ability,This makes its main characteristics far from being comparable to animals, etc.。But this is not possessed by everyone with criminal responsibility。For example,People with IQ 60 belong to those who restrict criminal responsibility,However, it is usually impossible to have advanced intelligent ability such as "unwilling mind" and "spiritual collision"。Even,For normal humans,"I don't like it" "I can only mean,Unsable Pass "and other advanced psychological skills are just some people have,Many people who are "Mu" and "not open" in life,often lacks such psychological ability。If human high -level intellectual ability such as "unwillingness to mind" and "spiritual collision" is used as the basic condition of moral agency,Obviously there is no reason。

Second, there is confusion Bet365 lotto review emotion、Suspected of emotional ability and criminal responsibility。Many psychological characteristics of people,Especially emotion、Psychological features of emotional aspects,It may be that artificial intelligence and other mechanical body will always be difficult to achieve。but,Emotional、Emotional ability and recognition ability and control ability are not completely coincident。Objectively speaking,Emotional、Although the emotional ability can affect to a certain extent,But it cannot determine the recognition ability and control ability,There is still a difference between the two。For example,Even people with emotion and emotional passivation,In criminal law, it can also be considered to have a complete recognition ability and control ability。Visible,Emotional、Emotional ability and criminal responsibility ability is not the same thing,Do not confuse it,It should not make artificial intelligence do not have some high -level emotion from human beings、Emotional ability,As a basis for its ability to not have criminal responsibility。

Third, the possibility of ignoring the development and progress of science and technology and the infinite development of artificial intelligence technology。It is undeniable,The current artificial intelligence technology has not yet reached the point where artificial intelligence has the level of human intelligence。but,This does not mean that the development of science and technology does not have such possibilities。If you have this possibility,So denying the smart agent can become a moral agent,It's too absolute。Just as I think artificial intelligence can replace humans at present,All based on wishful thinking。bet365 best casino games From the perspective of theoretical research,At least not a scientific attitude。

So,Can artificial intelligence have the ability to identify and control as humans like humans? the author thinks,Theoretically it is possible to have possibilities。

First,Artificial intelligence has a technical basis for generating recognition and control capabilities。Human identification and control ability is controlled and determined by the brain,Its formation is also based on the brain's reflection of the material world。Artificial intelligence also has its own "brain" -to computer program,You can identify it accordingly、Cognitive things,It is true that it is true that this is true。Although it is different from human brain,Its recognition and control ability is not as good as humans in many aspects,But in many ways, it also exceeds humans。It can be said,Future artificial intelligence recognition and control capabilities reached or even surpassing humans,Not impossible。

Next,The recognition ability and control ability of artificial intelligence have certain independence。Wish to know,Go is the most complicated chess and card game invented by humans so far,Its changes are equivalent to 361 steps so many。but,The third -generation AlphaGo, that is, AlphaGo Zero, already has unsupervised autonomous learning ability,That is, no human chess records need to be based on the rules,You can start from the blank state to learn Go。and,After self -study 40 days,The level of its Go level reaches the point that can crush the second -generation AlphaGo Master (the result is 89: 11,The latter is the artificial intelligence that crushes the first person in Go today and makes him desperate)。This is enough to indicate that artificial intelligence is not completely controlled Bet365 lotto review by humans,This uncontrollable,It is a proof of independence with independence and control capabilities of its recognition and control capabilities。

again,Non -biological organisms have a precedent for the subject of criminal。This precedent is the legal person。Many people think,Because there is a natural person behind the legal person,Therefore, the crime of legal person is essentially equal to natural person crimes。This view is obviously a problem: first,If the natural person behind the legal person as a legal person assumes criminal liability,It is impossible,Natural person behind the punishment is enough。Second,Logically speaking,Humans behind artificial intelligence,Behind the legal person is also human,Why can the legal person become the subject of crime,Can artificial intelligence be not? This obviously can't be said。Some people think,Because the consciousness and will of the legal person rely on human consciousness and will。If you understand this,Then the question obviously returns to the original point,That is the first question,It will be caught in the point where it is difficult to justify。third,Since the law stipulates that the legal person can become the subject of crime,It indicates that the criminal industry is no longer limited to humans as organisms of organisms,Is there two different things behind this?。

From the above you can know,Smart proxy is completely likely to be a moral agent,Just the intelligent agent of artificial intelligence may be different from the moral agent of human beings in the specific content and expression form,At least currently like this。At the same time,The diversification of human moral agents also leaves room for smart agents to become moral agents。What we need to reflect is,Do not put bet365 best casino games a certain high -end emotion from human beings、Emotional characteristics, etc. As the basic essence of moral agency,Even if artificial intelligence does not have the possibility of becoming a moral agent。If artificial intelligence and intelligence are incomplete、Compared with people with low IQ restrictions on criminal responsibility,I think people think that artificial intelligence may no longer be so strong in moral emotions。Although the two still have their own strengths in the recognition and control ability,But the overall criminal liability ability is obviously much closer to。Since people with the ability to restrict criminal responsibility can become the subject of criminal,Why can't artificial intelligence be?

The last thing to explain is,The point of view from the moral agent to the smart agent involved in this article,Some are based on a certain reality,Some are the possibilities of the unsuitable exploration,Can't be exactly the same as reality。As a theoretical research,3891_3904,Because the theory can be in front of reality。Especially for artificial intelligence, an unprecedented technology organism,Because the theory can be in front of reality,Prevention is better than dead sheep.。Current,Limited by the technological development stage,The level of intellectual intelligence of artificial intelligence does not reach the level of human beings,Therefore, the intelligent agent of artificial intelligence can be comparable to the moral agent of human beings,It is early。As for whether artificial intelligence can become a completely criminal subject like humans,Maybe it is until when the strong artificial intelligence comes to see the points。Even if strong artificial intelligence comes,Artificial intelligence must become a legal subject with legal significance,It also needs Bet365 app download to be clearly stipulated by the criminal law,Otherwise, it will violate the legal principles of punishment。

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