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Can Artificial Intelligence Entity Be Legal Subject

Posted on:2018-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:J M ShenFull Text:PDF
GTID:2346330518477178Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As a breakthrough in the development of science and technology,artificial intelligence is increasingly showing the influence of shaping society.The scientific level and intellectual ability of mankind also contributed to the rapid development of artificial intelligence.With the goal to achieve human intelligence,AI also produced advantages and disadvantages to some extent beyond human imagination.The most important influence is the creation of a new body,which is intelligent and capable of handling all kinds of daily life issues.Therefore,can this kind of artificial intelligence be considered as legal subject?The provisions of the law on the subject of the law are related to capacity for rights and legal personality.Having capacity for rights is the condition that the legal subject enjoys the right,but the capacity for rights itself is only the result in abstracting legal personality of legal formalization,which belongs to the content of the empirical law.Personality after the abstraction and formalization of the law,only retained as the formal elements of the legal entity,and lost the original meaning of personality.And the connotation of our modern legal personality comes from the German classical philosophy represented by Kant.Kant's philosophy holds that the personality has the ethical meaning of reason and freedom.The main reason why the subject is subject came from that one use the rational ability to experience the material,to form knowledge,that is,the ability of the subject to natural legislation.At the same time,the rationality of the subject is universal.Human beings are ends.Everyone is based on reason to act freely,and is based on reason to self-restraint.Therefore,the subject also has the ability to legislate for itself.Reason and freedom become the main connotation of personality,human existence as a natural,is a natural legislator;people have the purpose of existence,is the root of all purpose.Therefore,man is the basis of all norms and the origin of meaning,and as the main body is a kind of ability to set the order and norms.Therefore,Kant's philosophy provides a way for us to think about the subject position of artificial intelligence.It's necessary conditions to be equipped with this kind of rational ability for artificial intelligence to be legal subject.Mainstream artificial intelligence "symbolism" and "connectionism" do their research from two different goals,and in the external performance they only highlight a certain aspect of human intelligence,and cannot be relatively complete to achieve intelligence.Therefore,the mainstream artificial intelligence entity is difficult to be recognized as the legal subject.The non-axiomatic reasoning system(NARS system)designed by Professor Wang Pei is guided by the rational principle of human beings.Under the assumption of lack of knowledge and resources,NARS has successfully realized the human intelligence,can autonomously gain knowledge in communication with the outside,make decisions,and able to self-control and self-regulation.This kind of artificial intelligence entity has the legal personality of the formal requirements and substantive content,so to a certain extent,to give the legal subject qualification.Artificial intelligence in technology development,increasingly into our lives,more and more artificial intelligence subjects are need for legal norms and control.The subjective status of artificial intelligence is only a small step in the initial issue,and the attention to artificial intelligence ethical issues and legal issues,need more in-depth exploration and research.
Keywords/Search Tags:Artificial Intelligence, Legal subjects, Capacity of rights, Legal personality
PDF Full Text Request
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