The Research On The Limited Personhood Of Artificial Intelligence

With the development of artificial intelligence,our legal system may have to change to respond the requirement of society.The appearance of self-driving cars and AI composer result in the current legal provisions,especially the copyright law and tort law cannot solve the disputes.In face of problems brought by new technology,our legal system is no longer a logically self-consistent system.Thus,in order to perfect our legal system,it is feasible to give artificial intelligence as legal personality.Scholars opposing the subjectification of artificial intelligence ignore that the legal personality is the result of legal construction.Moreover,they magnify the risks of personification of artificial intelligence,and disregard that the intelligent agent can be and have to be undertaker of legal responsibility in the future.If we look back at the development of the legal personality system,it is obvious that the scope of legal person has been expanding.In fact,the legal person in modern society is being redefined.For the sake of balancing the interests of different social groups,intelligent agent may acquire legal personality.Furthermore,in order to cultivate morality of human being,it is necessary to treat intelligent agent as legal subject.The primary purpose of artificial intelligence subjectification is to clarify the undertakers of responsibility,because it is becoming more complex to illustrate the cause and effect after infringement of intelligent agents.Therefore,the undertaker of legal responsibility will be transferred to intelligent agent for simplify the identification of responsibility and achieve a balance between innovation and compensation.Artificial intelligence cannot be ultimate bearer of legal responsibility.Considering the instrumental positioning and functional limitations of artificial intelligence,it is inevitable to give intelligent agent limited legal personhood.The limitation of intelligent agents' personhood is reflected in the scope of its rights and the methods of liability bearing.The empowerment of intelligent agent may be different because of the development stage of intelligent level and the difference of functions.As for the obligation to the intelligent agent,it has to be clear that it is the human instead of the intelligent agents shall be imposed obligations.Hence,we have to supervise the development of artificial intelligence industry.