华北水利水电大学学报（社会科学版）

人工智能的本质是人类改造第一自然、创造第二自然的工具;作为人工智能载体的人工智能体并不具备独立法律人格这一刑事主体资格的前提,而且赋予人工智能体刑事主体资格也无法实现刑罚的目的和效果,因此不应当赋予人工智能体以刑事主体资格。在我国未来的立法中,应当明确人工智能体制造者、所有者及使用者的审慎义务,进而引导人工智能技术朝着有利于人类自身的方向发展。

In recent years, with the continuous improvement of hardware and software technologies, artificial intelligence technology has achieved rapid development. Since the development of AI, the legal practitioners should also and must respond to legal issues that may arise from the development of AI. The authors hold that the nature of AI is the tool for mankind to transform the first nature and create the second nature, while the AI-body as the AI carrier does not have the independent legal personality which is the prerequisite of the criminal subject qualification, moreover, the criminal subject qualification of AI-body can not realize the purpose and effect of the penalty, so the AI-body should not be qualified as a criminal subject; it should be clear that the AI-body manufacturer, owner and/or user's obligation of prudence should be clearly defined, thus guiding the development of AI technology in favor of man-kind.