Discussion On The Legal Subject Status Of Intelligent Robot

The rapid development of artificial intelligence has caused a huge impact on human society,and the large-scale application of intelligent robots will also change human social life.At present,there is no legislation related to intelligent robots in China,and the social risks and legal issues caused by it cannot be effectively regulated.There are related policies and legislative practices for intelligent robots abroad,but the scope of adjustment is mostly limited to the technical field.According to the Marxist view of law,"the provisions of the law on what kind of social subjects become legal subjects are not arbitrary or arbitrary,it is determined by certain social material living conditions." Under the principle of "people-oriented",the use of legal fiction technology Give legal status to intelligent robots,make the development of intelligent robot technology serve the value orientation of the overall interests of mankind,and realize the best interests of mankind in the intelligent era.The second chapter of this article explains the basic theory of intelligent robots and legal subjects.Start with the concept,development history,functional characteristics,and classification of intelligent robots,and define the research object of this article-autonomous conscious intelligent robots,and clarify the relationship between intelligent robots and artificial intelligence as "body" and "brain";then follow the legal subject The general theory and development trajectory sort out the characteristics of the subject system in different historical periods,and conclude that the type and scope of legal subjects are open and progressive.Finally,the necessity of giving legal status to intelligent robots is explored in the light of the challenges of current laws by intelligent robots;The third chapter defines the legal subject status of intelligent robots.The author analyzes three obstacles to the intelligent robot’s status as a legal subject based on the empirical analysis of real social life;clarifies the concept of legal fiction,and refers to thesuccessful experience of legal fiction technology in the construction process of natural persons and legal entities,and explains the legal fiction technology in intelligent robot The application path in the construction of subject status;Finally,the intelligent robot enjoys the status of legal subject means that appropriate legal institutional arrangements must be made to limit its rights and obligations;The fourth chapter analyzes the legal rights,obligations and responsibilities of intelligent robots.First,demarcate the rights boundary through the principles of "human rights to machine" and "limited rights",and propose two rights: virtual property rights and data acquisition and use rights;then analyze the legal,moral,and labor obligations that intelligent robots should fulfill;and finally,explore intelligent robots The way to bear tort liability and formal liability and the way to achieve it;The fifth chapter discusses the normative measures of intelligent robots.The three regulatory measures of legal regulation and supervision,registration and filing system,and ethical regulation system are discussed one by one,and the internal logic of the three operations is explored.