Imputation System for Negligence Crime Involving AI

The theoretical premise of responding to the imputation gaps for negligence crimes involving AI has in fact set the theoretical direction for bridging the imputation gaps. That is to say, on the premise of not overturning the traditional system of criminal law theory, the theoretical dilemma of this imputation is realized through the re-understanding of the imputation system. Influenced by the theory of ontological imputation, some opinions advocate that the gaps in imputation should be dealt with by lowering the standard of the perpetrator’s duty of foresight and avoidance (Ulgen in Commun Law J J Comput Media Telecommun Law 26:8832, 2021; Williams in Crim Law Philos 14:113–134, 2020). However, this has fundamentally overcome the theoretical dilemma brought about by AI technology to the imputation for the negligence crime, but is only a helpless compromise to the present situation of the inability to foresee in the negligence crime involving AI. Therefore, only by shifting the imputation for the negligence crimes from an ontological to a normative theory is it possible to address such gaps in the imputation for negligence crimes involving AI.