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Research On Legal Subject Qualification Of Artificial Intelligence

Posted on:2021-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiFull Text:PDF
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The development of science and technology at an unexpected speed is driving artificial intelligence to a deeper level.Such cutting-edge technology brings a series of normative problems while benefiting mankind.At present,artificial intelligence cannot have the same autonomous consciousness and behavioral ability as human beings.Under the promotion of science and technology,artificial intelligence is gradually transitioning from instrumentalization to humanization,which is bound to impact the status of the traditional legal subject.As a frontier science,artificial intelligence has reached unprecedented heat in both the scientific and technological circles and the legal circles.Therefore,a comprehensive review of the legal subject status of artificial intelligence will lay the foundation for future legislation in the new field.Artificial intelligence refers to a science and technology based on computer science,mathematics,biology and other disciplines."Anthropocentrism" and "rationalism" define artificial intelligence from their own perspectives.Different ideas develop independently and at the same time challenge and promote each other.After decades of development,gradually divided into artificial intelligence weak strong artificial intelligence and artificial intelligence,weak artificial intelligence refers to the lack of ideology,fully in accordance with the human writing program is running,the lack of independent thinking,problem solving skills,strong ai in contrast,it can like the human brain has the capability of independent thinking and action.However,in the past,the scope of subjects in the law only included natural persons and legal persons.With the progress of The Times,the scope of legal personality has been continuously expanded,from natural persons to legal persons to embryos and even to animals.This theoretical expansion gives artificial intelligence an opportunity to step into the scope of legal personality.There are three theories about the relationship between artificial intelligence and legal subjects: affirmative,negative and finite affirmative.It must be said that the support of artificial intelligence has the legal subject qualification,but it ignores the current weak artificial intelligence in the reality of the problem;Deny that artificial intelligence exists as the subject of law,but in the face of the rapid development of artificial intelligence,it is at a loss what to do;Limited affirmation affirming the legal subject status of a part of artificial intelligence,but the lack of responsibility division,when solving practical problems still with insufficient.After the analysis of three different theories,the author supports the limited affirmation,on the basis of which the analysis of strong artificial intelligence in accordance with which subject qualifications can assume legal responsibility.Under traditional legal main body theory,the product of artificial intelligence rights ascription problem of the attached can not be solved,the responsibility of the infringement problems cannot be effective,is obviously necessary to jump out of the shackles of traditional ideas,and to distinguish it according to the past no longer simple line with the human,will exist as independent,endowed with legal personality,in order to solve a series of problems in reality.Even if strong artificial intelligence is qualified as a legal subject,it is undeniable that there is still a significant difference between it and human beings.No matter how the science and technology develops,artificial intelligence will never be able to have natural life,and there will be no experience exclusive to living things such as birth,aging,illness and death.Therefore,compared with the human being as the subject of law,the subject qualification of strong artificial intelligence will be limited to some extent.After giving artificial intelligence the subject status,it is necessary to reconsider the assumption of tort liability.Even if artificial intelligence is given the subject status,before it has the ability to assume responsibility,the responsibility will be borne by the producer or user according to the vicarious liability of the minor guardian.In order to strengthen the ability of artificial intelligence to assume responsibility,the compensation fund and compulsory insurance system proposed by the European Union for artificial intelligence can effectively protect the rights and interests of victims.Once the legal subject status of strong artificial intelligence is realized,the establishment of rights system for it is not only to endue rights,but also to restrict the scope of rights when establishing rights.Entrusting and restricting rights are the research basis of the power problem of strong artificial intelligence,and at the same time to guarantee the long-term development of artificial intelligence.
Keywords/Search Tags:Artificial intelligence, qualification of Legal entity, Independent consciousness, Strong artificial intelligence
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