Research On The Legal Status Of Artificialintelligence In China

Artificial intelligence products are increasingly applied to human life,such as driverless cars,intelligent medical services,face intelligent recognition,AI synthesis and so on.The resulting legal problems will be exposed gradually.Among them,the legal status of artificial intelligence is the most critical issue.The high-rise buildings are all piled up steadily from the foundation construction.The solution to the legal status of artificial intelligence is to build the foundation of the legal system of artificial intelligence.Only by defining the legal position of the artificial intelligence,can we build the framework of subsequent rights granting,obligations setting and tort liability attribution,and improve the entire artificial intelligence legal system.Whether artificial intelligence should be legal subject or legal object,the answer to this question is to review the connotation of the subject and object of legal relationship,which is helpful to consolidate the understanding of the basic theory of law.Not only our country focuses on the future development of artificial intelligence,but also the European Union,Japan,the United States,the United Kingdom,the United Nations and other countries and organizations have put forward their own legislative proposals and strategic plans.For the legal positioning of artificial intelligence,some countries have also directly responded.For example,the relevant legal departments of the European Union have submitted a legal proposal,proposing to take the electronic person as the legal identity of artificial intelligence,allowing artificial intelligence to enjoy the rights of labor,rest,work,etc.However,most countries do not treat AI as a legal subject at the level of substantive law.The object of liability for the damage of human rights caused by artificial intelligence is still limited to human beings.It can be said that the legal problem caused by artificial intelligence is actually the relationship between human rights and obligations within the existing legal framework.In the academic circle,there are many disputes about the legal status of artificial intelligence,which can be roughly divided into three views: one is that artificial intelligence should be given the status of legal subject;the other is that artificial intelligence should be given the status of limited subject;the other is that artificial intelligence should be denied the status of legal subject.Different scholars who hold positive or negative views choose different argumentation reasons and perspectives.What kind of legal status artificial intelligence should be given should be carefully considered based on the concept of legal subject and object,based on reality,history and foreign experience.According to the difference between artificial intelligence,natural person and legal person,the reason why natural person can become the subject of rights recognized by law is the historical choice of long-term social practice and the embodiment of human dignity.As the main body of fiction,the core of legal person is the meaning set supported by the wisdom of natural person.In fact,the actions of legal persons do not leave the scope of activities of natural persons.Artificial intelligence can't recognize its own attributes and social situation,and make the expression of its own external needs.Its so-called intelligence is the result of the algorithm program set by the R&D personnel.The logic judgment and fault tolerance range are stored in advance by human beings,which makes the behavior of artificial intelligence unable to exceed the control of algorithm.Artificial intelligence is a clear legal object,which belongs to the category of object and intellectual achievement.The setting of legal liability also shows that artificial intelligence can not bear the responsibility and realize the function of law.Therefore,artificial intelligence cannot be legal subject.In contrast,artificial intelligence should be determined in the absolute position of legal object.From the perspective of practical reality,the construction of artificial intelligence legal system must be based on the weak artificial intelligence period,and the current law can completely deal with the legal problems caused by artificial intelligence.No matter from the perspective of property right,intellectual property right or tort liability,there are laws to follow.It is suggested to define artificial intelligence products as natural fruits,which are owned by artificial intelligence owners,add a new artificial intelligence property right corresponding to copyright,and strictly apply product liability and substitute liability to solve the legal related problems of artificial intelligence positioning in the legal object status.