The information society and the big data era are being fully rolled out, the online society has been accelerated, and it has begun to deeply influence the production and life of human society. Nowadays, artificial intelligence based on information network technology has been at the forefront of the next Internet era and has had a disruptive impact on the way human life, production, and communication. The great changes in social patterns have made the legal system, as a product of human social civilization, face great challenges in artificial intelligence. Criminal law is a means of social control. It is being purely "materialized" and has become an institutional tool for the "Intelligent Age" and "Intelligent Man" to rule and control "humans," and it has eroded the subjectivity of the "human" in the traditional criminal law system. At the same time, artificial intelligence with superhuman attributes hides immeasurable and significant institutional risks, and even directly jeopardizes the human's own safety and subject status. The social foundation, existence significance, task arrangement, and function setting of the current criminal law system may be undergoing a fission and gradually replaced by the "artificial intelligence society and criminal law". For this reason, the contemporary criminal law should make a sharp and rational answer. Fission Field of Artificial Intelligence and Traditional Criminal Law The era of artificial intelligence is by no means "on paper". Individual criminal law changes such as intelligent sentencing and smart criminal law operating systems have emerged one after another, which has initially opened the veil of contemporary criminal law in the era of intelligence. (I) Exploration prospects of smart sentencing system. Computer penalties have once attracted much attention. Many local judicial organs in China are also experimenting with computer sentencing systems. In the age of artificial intelligence, with the help of big data traffic and intelligent algorithms, “automating decisions with a mouse click†is surpassing the technical barrier between legal experience and human brain intelligence, becoming a technical attempt to solve sentencing standardization, and is an intelligent upgrade of computer sentencing. Version. In October 2016, European scientists created artificial intelligence "judges" that can assist in sentencing. In July 2017, China's "National Double" procuratorate launched a conviction and sentencing aid system. According to the given data, combined with laws and regulations and past cases, automatic push conviction and sentencing recommendations. Artificial intelligence injects “smart†power into the standardization of sentencing, and “intelligent†may even become a new evaluation standard for sentencing justice. The network "intelligent crimes" form is still increasing, the market demand for smart sentencing systems will also expand, and the era of "smart penalties" may come. The challenge is how to use intelligent technology to translate human language, thinking, experience and other legal knowledge, follow the fair standards and requirements of human society's trust, and through automatic decoding, transform the network language into electronic information that can be recognized by humans. Otherwise, the "technical black box" operation behind the "smart penalties" and the "line production" mode of production hide huge uncertainties. (b) Pregnancies of the operating system of intelligent criminal law. Thanks to the unique advantages of judicial data disclosure, the application of "artificial intelligence + legal" has been blown out. In legal search, legal document review, and legal advice, the “legal science and technology†that artificial intelligence has spawned is stirring up the legal service market. Among them, the smart criminal law operation system has taken the lead. In 2016, the world's first artificial intelligence lawyer ("artificial intelligence lawyer who assisted in legal research") ROSSIntelligence turned out. China is also exploring intelligence (wisdom) prosecution, the development of a smart lawyer system, the establishment of an intelligent court, and the development of a smart criminal case handling system. At present, artificial intelligence system + criminal law application system as an auxiliary means can not only improve the efficiency and accuracy, but also make the judicial decision more logical and legal intent by shielding the situation, relationships and other case pressure. However, the difficulties are: (1) The seamless connection between computer language and human natural language. If the computer language cannot be transformed into the form of human natural language, the intelligence of criminal law is of little significance. (2) How does intelligent systems convict people of sentencing and punishment in accordance with the requirements of human thinking and emotions, instead of simply following the system setting or learning to obtain standard answers, truly realize the intelligence of conviction and sentencing. (3) The necessary and effective supervision of artificial intelligence technology makes the application of artificial intelligence technology visible and understandable and avoids “technical violenceâ€. (4) Keep the data and information controlled by the artificial intelligence system confidential, and standardize the collection, supply, storage and use of the data. (5) To clarify the "legal professional qualifications" of the intelligent legal system, such as whether it is necessary to take the legal professional qualification examination, legal professional rank determination, and judicial responsibility system. (c) The fetal change of unmanned and traffic accident crimes. Driverless technology (automotive) is currently the most mature application area. This impact on the crime of traditional traffic accidents: First, "human" has not actually participated in driving behavior, "human" as the main body of the vehicle. "People" retreated to the second line, so that the subject of criminal responsibility could not be found. The principle of "No action but no crime" failed. Second, the risk distribution responsibility system based on "allowed risks" has failed in the smart driving environment. After all, the subjective culpability of verifying "driverless cars" is a technically false proposition. The criminal liability of intellectual service providers is always to use technology as a scapegoat and is a paranoid move that relies too much on alternative liability. In the age of smart driving, the subject of the crime of traffic accidents was changed from "human" to a potential "victim", resulting in the disappearance of the traditional perpetrators, together with criminal liability and sanctions, but completely passed on to smart technology or Smart car providers are unfair. At the same time, the "person" is separated from the specific driving behavior. The "dangerous driver" does not exist in a certain range, and it is entirely the behavior of a smart machine. The legislative basis for dangerous driving offences may be shaken. Treating as a permissible risk, although consistent with the "technology-neutral" orientation, it connives at the risk of excessive criminal law and ignores the protection of the victim's interests. For this reason, the attribution and distribution of the responsibility of users, owners, suppliers, and manufacturers of smart cars should be made clear, and should not be assumed by one party alone. (d) The blurring of smart medical and medical malpractice crimes. In the context of smart medical technology, in the case of the crime of medical malpractice, which is a typical case of business negligence: a serious irresponsible medical entity may not be a specific medical personnel, but an intelligent technology or an intelligent robot. The intrinsic uncertainty risk of medical technology is a new variable. The determination of the causal relationship between serious irresponsibility and medical accidents is more difficult, and the use of traditional causality may fail. At the same time, the medical system has been accelerated to be highly intelligent, which has led to a relative decline in the dominant position of medical personnel, increased substitutability of smart medical practices, and rapid decline in the identity of statutory medical subjects, directly affecting the legislative basis for illegal medical practice. The status of the subject’s identity to obtain a specific medical professional qualification is significantly reduced, the penalty condition for the fault of the smart medical service is increased as a crime, and the difficulty in the certification of the “intelligent person†between the medical behavior and the medical negligence accident is increasing, making it difficult to make illegal medical treatment Effectively involved in the negligence of smart medical services. (5) The debugging of intelligent creation and copyright crimes. According to reports, artificial intelligence robots have been able to create their own works, including writing popular songs, writing novels, screenplays, paintings, and generating poems and prose. This makes the "person" the common knowledge of the legal copyright subject. Copyright issues for smart robot works. Some people think that intelligent robots are far from the “human†creative ability and cannot obtain copyrights. They can refer to the terms of their job or hired work and enjoy and exercise the “man†who created the robot. Another view is that the content generated by artificial intelligence is still the result of the application of algorithms, rules, and templates. It cannot reflect the uniqueness of the creator and cannot be recognized as a work. Intelligent robots can be independently created to change the subject of rights, the form of rights, the use of rights, and so on, and impact the legislative foundation of traditional copyright crimes. For example, the victim may be a smart robot, the criminal object includes a smart work, and the criminal behavior of infringing on the copyright has a very different structure, and the harmful state of the intellectual work being infringed and the evaluation criteria tend to be electronic. This will force the network adjustment of elements of copyright crime elements. Artificial Intelligence and Criminal Liability Principle In the artificial intelligence society, people and human society are likely to face major challenges. "Responsibility of people for their own actions" "Responsibility of people in social organisms" "People should bear criminal responsibility" and other social ethics will be revised. How intelligent robots honor their “self-responsibilityâ€, what can be blamed on “intelligent people†according to law, and the “responsibility significance†of the smart society are even less relevant. Artificial intelligence triggers changes in traditional ethics. The penetration and erosion of criminal law will further shake the criminal liability system. In practice, the dangerous behaviors triggered by intelligent robots include both the technical hazards of intelligent systems and the hazards caused by the illegal use or misuse of intelligent systems as tools, and include the inherent risks as an independent subject. For the issue of criminal liability, the following ideas are worth considering: (1) The principle of technology neutrality. Artificial intelligence technology is relatively neutral and should not be overly critical of the technology. Responsible for using or misusing technology or "smart people" directly. (2) The substitute liability of criminal law based on product liability. Robots can still be regarded as technological products. It is an “alternative responsibility†to learn from the product liability in civil law and to blame the network makers or service providers. (3) Business negligence liability based on supervision obligation. In the transitional period, artificial intelligence is still invented and used by "humans." Manufacturers and users are subject to corresponding supervision obligations. The criminal imputation model of network supervision errors has its uses. (4) Sin liability based on independent subjects. As an independent new criminal law subject, “Smart Man†should bear corresponding responsibility for its crimes. 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