On The Judicial Personality Of Artificial Intelligence

In response to the related legal problems brought by artificial intelligence,we must determine whether artificial intelligence has legal personality.The concept of legal personality,Which originated in ancient Roman society,was established to divide the social hierarchy and safeguard the interests of the ruling class,and the technology of separation of human and personality created by the Roman law was legal person and other social entities,which obtained the technical support of legal personality.personality has become a means of law and technology,the ethical is not the endow standard of legal personality,which makes it technology feasible for artificial intelligence to acquire legal personality.The concept of right ability created by the German civil code,right capacity is equal to the legal personality,and right ability becomes the criterion for an entity to have legal personality.The modern legal subject must have the ability of action and the ability of responsibility at the same time,Based on the development of deep learning algorithm,artificial intelligence can learn and think independently,and can make independent judgement and decision consciously.However,since artificial intelligence has no independent property,it cannot bear the responsibility independently and needs to shoulder the responsibility together with other subjects,Therefore,artificial intelligence should be given an independent legal personality.First of all,the legal personality created by Roman law provides technical support for the successful intelligent acquisition of legal personality.Secondly,artificial intelligence has the ability of rights,behavior and responsibilities,which is line with the internal and external criteria of legal personalit y.Finally,artificial intelligence is essentially an algorithm,The right that artificial intelligence enjoys is not form the innate human rights,but is clearly stipulated by the law,and the scope of the rights it enjoys and the responsibilities it assumes is limited,which makes it only have an independent legal personality.In practical terms,From the perspective of legal system construction,it aims to standardize and guide the development of artificial intelligence by formulating legal norms,clarifying legal responsibilities,and strengthening international cooperation.This paper mainly starts from the legal personality itself,and obtains the technical means of personality law enforcement by combing the standards of legal personality in different periods.Through the analysis of the criterion of legal personality,it is concluded that artificial intelligence has independent legal personality.And from the possibility and necessary conditions and other aspects of the legal personality artificial intelligence fictionalized framework design.