论强人工智能的刑事责任问题 - 以完全自动驾驶阶段为中心 -

초록

Taking Level 5 (L5) fully autonomous driving technology as a starting point, this paper systematically explores the theoretical justification and institutional design for treating strong artificial intelligence (AI) as a subject of criminal liability. As autonomous driving evolves toward full-scenario independent decision-making, the self-generated risks of strong AI—driven by algorithmic black boxes and deep learning—substantially sever the causal links in traditional criminal law. Facing the absence of a liable subject caused by this technological shift, forcibly applying traditional rules to punish passengers who cannot intervene or manufacturers who have met compliance standards would create a legal dilemma. It would violate the principle of culpability and lead to liability without subjective fault. To fill this liability gap, this paper argues for breaking away from the human-centric biological focus of traditional criminal law. Instead, it shifts the foundational basis of criminal liability to a substantive “ability to respond to legal norms.” Within specific operational domains, strong AI entities already possess the ability to recognize and control their actions in a criminal law sense. Therefore, granting them an independent status as subjects of criminal liability is a necessary choice to prevent risks and avoid the collapse of the liability system. Building on this theoretical foundation, this paper innovatively reconstructs a penal system tailored to the characteristics of digital subjects. It proposes exclusivepunishment measures such as the “digital death penalty,” “qualification downgrade,” and “mandatory sandbox retraining.” This system not only effectively removes the capacity to re-offend at the foundational code level, but also aligns with the resocialization function and general prevention goals of criminal punishment. Ultimately, it provides solid jurisprudential support for the healthy development of the autonomous driving industry and the protection of legal interests in the digital age.

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