The Civil Law Position Of Artificial Intelligence

The era of artificial intelligence is coming,and a new storm of technology is sweeping around the world.Artificial intelligence as a global emerging industry not only changes all aspects of people's clothing,food,housing and transportation,but also brings novel experiences that humans have never had before.Turn on the TV,the smart AI host announces the news in a circle;enter the mall lobby,VR somatosensory games attract everyone to stop;focus on the game scene,Alpha Go Zero defeats the world Go master Ke Jie again.These scenes that are familiar to us All thanks to "artificial intelligence".Our lives seem to have pressed the fast-forward button,striding meteor to the wonderful world described in science fiction.Intelligent connected cars,intelligent service robots,and smart home products have sprung up one after another and flew into the homes of ordinary people.Looking at the world,the first robot citizen "Sophia" was born in Saudi Arabia."Google's artificial intelligence system for driverless car driving"was defined as a "driver" by the National Highway Administration.At the same time as the rapid changes in the future,such rational thinking should also arise,what kind of existence is artificial intelligence for humans.The emergence of a new thing is accompanied by challenges and impacts on existing 'systems.For legal research,the promulgation of new policies and laws must be based on full research and argumentation.The legal norms and ethical rules of artificial intelligence are both social development needs and policy guidance.In response to the rise of the emerging industry of artificial intelligence,in order to better protect and develop a new round of industrial revolution,the solution of the civil law positioning problem of artificial intelligence is imminent.The clearer the positioning of artificial intelligence in civil law,the more conducive to its follow-up in the field of intellectual property rights,responsibility for infringement responsibility and other practical issues,which has a leading and overall role.To clarify whether artificial intelligence enjoys civil rights,assumes civil obligations and responsibilities,the focus and core lies in clarifying whether artificial intelligence has the legal status of a civil subject.Only by clarifying the legal status of artificial intelligence can we effectively respond to the various risks and challenges generated by artificial intelligence in social applications,and lay the legal foundation for the rapid development and transformation of artificial intelligence.This article will proceed from the "singularity theory" and analyze the possibility of the arrival of singularity.By objectively sorting out the theoretical school of artificial intelligence and the "smart" development stage of artificial intelligence,it is clear that at this stage artificial intelligence can only be an object,and cannot be given its legal personality and rise to the status of legal subject.The singularity will not come,and the current status of "smart" development of artificial intelligence cannot be jumped out to confuse weak artificial intelligence with strong artificial intelligence.The starting point for discussing the positioning of the civil law of artificial intelligence should be placed on whether to grant the civil subject qualification of artificial intelligence.From the aspects of whether it has the capacity of civil rights,.the capacity for civil conduct,and the capacity for civil liability,the non-adequacy of the civil subject of artificial intelligence is described.Combining domestic and foreign legislative developments,administrative cases and scholars' views,it fully demonstrates the reason why it cannot be qualified as a civil legal subject.The civil law positioning of artificial intelligence adheres to the rationality and feasibility of object positioning.In the current social context,as a product created by human beings,artificial intelligence should not be on an equal footing with human dignity.Artificial intelligence should always play the role of"object" and serve human beings.