Research On The Qualifications Of Artificial Intelligence Legal Subjects

With the continuous development of science and technology,artificial intelligence,as a new technology,plays a more and more critical role in human society,and also brings a lot of challenges to the current legal system.From the discussion of civil law,criminal law,intellectual property law and other fields,the problem of artificial intelligence scattered in various department laws,in the final analysis,is whether artificial intelligence qualifies as a legal subject.To solve this problem,it is not only necessary to find out the connotation and category of artificial intelligence and the difference between it and robots in daily life but also to investigate the development and change of the implication and extension of the legal subject since the beginning of Roman law.It can be found that the acquisition of legal subject qualification in history has gone through the transformation from "part person" to "owner person" and then to "not person".As the basis of the acquisition of the legal subject qualification,rationality should reach a consensus.According to the three categories of AI,weak AI can't obtain the eligibility of the legal subject because of its outstanding tool attribute.At the same time,super Intelligence(ASI)is too powerful and far away,so it also excludes from the discussion of the legal subject.As far as the legal status of strong AI is concerned,there are three different views,that is,affirmation,compromise and negation.The affirmative point of view compares strong AI to a company legal person or a person without local capacity and thinks that it should be qualified as a legal subject.The compromise view is that this artificial intelligence,while not a simple machine,is not fully qualified as a legal entity,which can compare to the animal.This paper insists on the contrary theory and thinks that the arguments and methods of the positive and the compromise ones are defective,which cannot reach the corresponding conclusion.Besides,there is an essential difference between strong AI and human beings,that is,it does not have the rational basis to become a legal subject,which is the combination of consciousness ability,will ability and moral ability.Think of AI as a legal "person",it is radical and dangerous,even devastating to the legal tradition of "Character dichotomy".Therefore,artificial intelligence does not and should not exist as a legal subject.And to make AI better serve human beings and give full play to its value,in the negative perspective,the lawful object status of AI should be clarified,and it should regard as a particular thing in law.In the process of continuous updating and iteration of artificial intelligence,the supervision and technical regulation of public power should strengthen to pay attention to the upstream management.We should also always adhere to the people-oriented development concept and guide the whole society to understand artificial intelligence correctly.And be fully prepared for the new era of "human-machine coexistence".