Legal Subject Qualification Of Artificial Intelligence

Under the tide of science and technology,artificial intelligence technology is booming,artificial intelligence technology breaks the limitation of time and space,presents a more efficient and convenient development mode for the human world,and "intelligence" becomes the first capital.Human direct labor is gradually replaced by intelligent robot,but with the wide application of artificial intelligence technology,while promoting the rapid development of politics,economy and culture,artificial intelligence also brings challenges to the existing legal norms and ethical standards,conflicts with the existing legal order,highlights the shortcomings of the existing legal system to deal with the shortcomings of the era of artificial intelligence,and the defects of the legal system itself.At present,the country strongly advocates the development of artificial intelligence,clarifies the problem of the qualification of the legal subject of artificial intelligence,helps to solve the existing contradictions and conflicts,resolves the risks through the law,and constructs the legal system in the era of artificial intelligence.At the same time,it can better guide the development of artificial intelligence technology.This paper is divided into five parts:The first part is the introduction part of this paper,including the research background,research purpose,research significance,at the same time including the artificial intelligence legal subject qualification of domestic and foreign research status,research methods,innovation points and deficiencies.The purpose is to analyze a series of problems brought by the development of artificial intelligence,to explain the necessity of artificial intelligence legislation work,and to appeal to the relevant legislative work of our country to carry out effectively and actively deal with the challenges of the era of artificial intelligence.The second part is an overview of the legal subject qualification of artificial intelligence,including the definition of artificial intelligence,the qualification of legal subject,the theoretical construction of legal subject qualification of artificial intelligence.This paper explains the meaning of "intelligence" in the context ofartificial intelligence,the connotation of artificial intelligence and the type of artificial intelligence,expounds the connotation and standard of qualification of general legal subject,and further explains the three viewpoints of affirmation,compromise and negation of legal subject qualification of artificial intelligence in academic circles.The third part of this paper is the comparison and reference of the theory of legal subject qualification of artificial intelligence.It makes a comparative analysis of the theories of "conferring full legal subject qualification "," conferring limited legal subject qualification" and "prohibiting conferring legal subject qualification ".In the fourth part,this paper probes into the general situation and problems of the subject qualification development of artificial intelligence in China,expounds the legislative status of the related problems in China and the identification of the subject in the compilation of the Civil Code,searches for the provisions of the legal subject qualification of artificial intelligence in the existing legal normative documents of China,further clarifies the legal and ethical challenges of artificial intelligence in China and the lack of legal regulation of the subject qualification.The last part puts forward some suggestions to perfect the qualification of the legal subject of artificial intelligence in our country,and suggests that the legislation of our country can clarify the qualification of the legal subject of artificial intelligence,clarify the rights and limits of artificial intelligence,and refine the division of liability for infringement of artificial intelligence.At the same time,it advocates to attach importance to the concept of artificial intelligence ethics.At a certain time,ethical norms can also be transformed into legal norms,to realize the legalization of morality,and to strengthen the government supervision mechanism.According to the principle of "people-oriented ",the overall supervision mechanism of prior filing,authorization in the event and punishment after the event is formed.