Research On Artificial Intelligence Legal Personality Problem

Artificial intelligence includes Artificial Narrow Intelligence,Artificial General Intelligence and Artificial Super Intelligence.This paper aims to discuss whether Artificial General Intelligence and Artificial Narrow Intelligence should be given the legal personality.According to Super artificial intelligence,for the moment,this kind of thought is just an assumption,so we didn't discuss more about it.The Legal personality system originated from Roman law,including the Legal natural person legal personality and the group legal personality.The legal personality of natural person is based on self-expression,and whether can independently enjoy the rights and fulfill the obligations.Non-natural persons legal fictitious personality is based on the maintenance of human rights and the resolution of social contradictions.From the perspective of Kant's philosophy of "people-oriented",we know that human beings have rationality,but objects only have instrumentality.However,in the face of the rapid development of artificial intelligence,should we learn from the experience of non-natural persons legal fictitious personality,and then give artificial intelligence fictitious legal personality? This approach needs further discussion.In terms of strong artificial intelligence,according to the current progress and methods of research,it is necessary to endow strong artificial intelligence with limited artificial personality in future development.As far the artificial narrow intelligence,it can't get rid of the properties of things to break through the property right barriers,and so lack of feasibility to endow legal personality.On the basis of optimization of the legal system,we can solve the legal problems arising from the Artificial Narrow Intelligence directly.The author believes that the discussion of the legal personality of artificial intelligence can inspire human beings and will contributed to the development and specification of Artificial intelligence in the future.This paper is divided into four chapters: the first chapter further discusses the artificial intelligence artificial personality by tracing back the concept history of legal personality,The author elaborates on the source of Roman law and ethics of legal personality.In addition,the essay also demonstrates the use of legal personality from two perspectives of company law and civil law,and further discusses the question about the personality of legal fiction on artificial intelligence.In the second chapter,the author lists the classification of the three theories of University.The theory of negation holds that artificial intelligence can't break up the property right barrier,lacks the basic elements of legal personality,and lacks the basis for identifying as legal personality;the theory of affirmation holds that artificial intelligence can be endowed with legal personality from the perspectives of subject theory,behavior analogy analysis and fictitious personality analogy analysis;the theory of compromise holds that both negation and affirmation have shortcomings,for artificial intelligence The question of whether or not to endow legal personality can not be negated easily or affirmed too much.The third chapter mainly discusses the artificial narrowintelligence does not have the conditions to give legal personality and the necessity to give artificial general intelligence legal personality.The paper concludes that although the artificial intelligence is still in the stage of artificial narrow intelligence and the conditions for granting its independent legal subject qualification are quite immature,artificial intelligence is very likely to reach the stage of artificial general intelligence through its own decision-making,action,and the ability of continuous learning in the future.In chapter four,based on the recognition that artificial general intelligence can endow it with limited legal fictitious personality,through clarifying the legal personality of artificial general intelligence,the rights and limits of rights under the fictitious personality,the corresponding solutions to the tort liability of artificial general intelligence are put forward.Finally,the Countermeasures for the protection of legal personality of artificial general intelligence are put forward from multiple perspectives,and some suggestions for legislative protection are put forward Suggestion.