Research On The Legal Subject Status Of Artificial Agents

The legal problem of artificial intelligence is one of the research hotspots in recent years.The academic community has carried out active and valuable research on the legal personality of intelligent robots,the civil liability of unmanned driving,and the ownership of artificial intelligence creation.As a clear and predictable rule,the law guides and regulates the behavior of legal subjects through the two-way guidance mechanism of rights and obligations.As an important category of jurisprudence,the legal subject not only refers to the real person,but also a legal abstraction to the essence of human beings.It essentially refers to the person or organization that enjoys rights and assumes obligations in legal relations.Including natural people,legal persons and other organizations.However,as the degree of anthropomorphism or intelligence of artificial intelligence(or intelligent robots)continues to increase,its external manifestations and language behaviors become more and more like human beings.An inevitable problem lies in front of human beings.How do we treat artificial intelligence? Specifically,the challenge that the artificial intelligence poses to the legal subject system is mainly manifested in whether it has the subject qualification problem,that is,whether the artificial intelligence body is the subject or the object in the legal relationship.Undoubtedly,the initial artificial intelligence still belongs to the category of tools,but with the emergence of autonomous intelligent robots,it has a certain degree of "autonomous consciousness" and "ideal ability".The characteristics of "humanization" are increasingly significant,and it has gone far beyond Should the scope of the tool attribute be treated as a legal subject? Of course,intelligent robots have certain "self-awareness" and "ideal ability",which are necessary conditions for them to obtain the qualifications of legal subjects,which will directly influence or even determine whether they can become legal subjects.This paper believes that autonomous intelligent robots may first become the subject of specific rights such as copyright.With the advent of the strong artificial intelligence era,there may be more intelligent robots with legal rights in certain fields.At that time,traditional laws The main system will face the severe challenges of the development of the times and will bring about subversive changes.Whether the artificial intelligence body has the legal subject qualification is a key issue to solve many complicated legal disputes caused by artificial intelligence.From the development trend of artificial intelligence,artificial intelligence has the characteristics of “humanity”,which determines whether the artificial intelligence can enjoy the legal subject qualification in essence.From the development status of artificial intelligence,it has begun to have the ability to independently influence the rights and obligations of others.It is of practical significance to consider the qualification of legal subjects of artificial intelligence.Faced with the rapid development of artificial intelligence,it is necessary for us to treat the legal subject status of artificial intelligence in an open manner.Although intelligent robots or artificial intelligence bodies in a broader sense do not have a dominant position in the current legal system.However,the theoretical concept of "subject" has shown an expanding trend,giving the status of intelligent robots the legal and technical barrier-free.At home and abroad,the discussion of the qualification of intelligent robots has different theories such as affirming its subject status,affirming its subject status and denying its subject status.There are different paths such as machine or tool theory and control theory in the doctrine of negative opinions,and there are different argumentation methods such as agency theory and electronic personality theory in the doctrine of affirmative opinion.However,the negative doctrine cannot cope with the rapid development and intelligent trend of robots,and the affirmative doctrine does not take into account the fact that artificial intelligence is still weak artificial intelligence.At this stage,China's discussion on the qualification of legal subjects of intelligent robots should be based on the current legal theory.Under the principle of artificial intelligence as the object at the present stage,the artificial intelligence in the future with unlimited development may be recognized as a certain law.The main body,in order to cope with and lead the development of artificial intelligence in the future,lay the foundation of the legal system.From a global perspective,it is a general trend to give the strong artificial intelligence a certain dominant position in the future.At present,all countries are actively experimenting with robot legislation.As for some weak artificial agents,they can be treated as legal "objects".Of course,the criteria for the division of strong artificial intelligence and weak artificial intelligence have yet to be further explored.In addition,although intelligent robots cannot be classified into natural persons,legal persons,and other organizations,we can create new types of subjects for them.This provides a good idea for us to solve the main problem of the robot.As for the determination of the starting and ending time points of robotic rights,it is still inconclusive,and this issue remains to be discussed.Finally,we can learn from the system of people with full capacity for civil conduct and those with limited capacity for civil conduct,and classify the intelligence level of robots and give them different behavioral abilities.Of course,the specific status of the intelligent robot is given to the extent of the actual situation of China.