With the advent of the intelligent society, artificial intelligence is widely used in various fields of society, and the level of intelligence is constantly improving. The crime problems related to it gradually move towards the focus of theory and practice. Artificial intelligence has impacted the dual structure of the subject and object of criminal theory, which led to extensive discussion and controversy. To explore the criminal law status of artificial intelligence should change the analysis way of combining the subjectivity and ability, and distinguish between the two levels of illegality and responsibility. It should be based on the development stage of artificial intelligence, and it is clear that artificial intelligence still belongs to weak artificial intelligence at this stage, so it cannot become a criminal or a victim, nor can it have the capacity for responsibility or take criminal responsibility. However, artificial intelligence is increasingly likely to be the object of crime, and related crimes of natural person and legal person should also be taken seriously. The discussion of criminal problems related to artificial intelligence should be based on the basic position and theoretical paradigm of doctrine.