摘要
Abstract
AI crime is by no means a"future proposition".What has caused great controversy in the criminal law community is the issue of AI autonomous crime.In this regard,the"ex post facto punishment"plan believes that the criminal law subject status of AI should be recognized,and on this basis,the criminal punishment system should be reconstructed to deal with AI autonomous crime.The"ex post facto punishment"plan is based on punishing crimes,lacks a realistic basis,and is not desirable.Therefore,AI autonomous crime should be shifted from ex post punishment to ex ante prevention.The core of the"ex ante prevention"plan is risk prevention.Its idea is to prevent and control AI security risks through legislation at different levels and dimensions such as civil law,administrative law,and criminal law,and promote the healthy,orderly,safe and controllable development of AI,so as to achieve the purpose of preventing AI autonomous crime.关键词
人工智能/人工智能自主性犯罪/事后惩罚/事前预防