Establishment and Application of Criminal Law Regulatory Principle of Weak AI Agent Crime Based on ChatGPT
At the present,ChatGPT is still categories as Weak Artificial Intelligence(AI).Crimes invol-ving Weak AI may be manifested as infringement of citizens'personal rights,democratic rights,infringement of property rights,destruction of socialist market economic order and so forth.As criminal law is concerned,three major regulatory principles should be established,that is,the balance between security and development,the cor-relation between criminal responsibility and infringement of legal interests,and the synchronization between the improvement of criminal law norms and the development of social facts.Establishing the regulatory principle is beneficial to the development of AI criminal jurisprudence,to the relevant legislation and to the judicial prac-tice.The results of applying the regulation principle to practice include that the criminal responsibility of negli-gent crime should be investigated,and industry norms and self-commitment of R&D producers to products be the source of R&D producers'duty of care,whereas purchase and sales contracts cannot be the source of users'duty of care.It is advisable to take"the scientific and technological level of the behavior in the presence"as the judgment standard of the prediction possibility;permissible danger and corporate compliance limit criminal liability for negligent crimes.As for the situation that cannot be properly convicted and sentenced in accordance with the current criminal law,legislation should be perfected in time to deal with it.
Weak AIChatGPTprinciples of criminal law regulationnegligent crimelegislation
万方数据
维普
