Study Of The Legal Status Of Artificial Intelligence

At present,the artificial intelligence(AI)technology is in the rapid development in close relation with human life.Accompanied by the application of the AI technology,more and more legal issues appear around us,which attracts much attention of the scholars in the field of law,especially to the legal system and its application in the future AI age.It is of realistic and far-reaching significance to study the legal issues related to the AI technology from the perspective of the jurisprudence,i.e.,from the perspectives of the relationship between rights and obligations and mandatory liability,which may provide some guidance for the future judicial practice and the application of AI legal issues in different levels as well as in different fields.Meanwhile,this study will also be conducive to promoting the innovation of legal relationship theory in jurisprudence,especially in the subject and object theory of legal relationship.From the technical level,AI can be divided into weak AI and strong AI.Weak AI refers to the form of AI without cognitive and thinking abilities.It has neither real intelligence nor autonomous consciousness.This kind of AI carries out activities according to pre-set procedures,and its decision-making and behavior are controlled by human beings.Strong AI refers to the form of artificial intelligence which is able to make cognitive and decision-making like human thinking and has certain self-awareness.Different types of AI have different legal status in jurisprudence.The clarification of AI's legal status needs to be achieved through three stages: deep theoretical research,reasonable policy guidance and clear legislation.Making full use of the existing literature resources for literature retrieval,we collect,consult and collate the information on artificial intelligence and legal research.Based on these and starting from the concept,development and application status of AI,we comb the existing viewpoints of the legal status theory of AI,and establish the basis for the research of this paper.Utilizing a variety of analytical methods,such as comparative research methods,interdisciplinary analysis methods,value analysis methods and normative analysis methods,we establish and standardize the legal status of AI according to the basic principles of legal relations.From the perspective of the dichotomy between subject and object,we discuss the legal object status of weak AI and the limited legal subject of strong AI.From the perspective of legal norms and the construction of supporting norm system,we discuss the construction of AI authentication norm system and ethical norm system,so that AI may be better used by people.It is suggested that the research and development of AI should be restrained reasonably and legally through legal norms and compulsory force,so as to prevent the potential harm of AI to human beings.We hope that this paper will arouse the attention of the academic circles to the legal status of AI.Further studies on this problem are expected.