The Challenge and Response of Brain Computer Interface to Criminal Law
According to the different directions of information transmission,brain-computer interface BCI can be divided into three types of technology,namely"brain-computer link","machine-brain link"and"brain-brain link".The emergence and development of BCI has brought great challenges to the application of criminal law,including the theoretical application of subject status and behavior connotation,as well as the attribution of responsibility for the harm caused by BCI.To cope with the challenges of brain-computer fusion in criminal law,it is necessary to start from the following three aspects:First,through the reverse evidence of free will and the positive affirmation of criminal subject,brain-smart person not only belongs to the natural person,but also has the qualification of criminal subject;Second,the connotation of behavior needs to be re-interpreted,taking"internal elements"and"external elements"as the constitutive elements of behavior;Third,in the face of the harmful results of brain-computer fusion,the identification idea of"from machines to individuals"should be adopted to categorize and clarify the criminal liability caused by brain-intelligent people,controlling brain-computer people,producing sales people and brain-computer machines.
brain-computer interfacesubject of responsibilitybehavior requirementsimputation deconstruction