Civil Subject Qualification Of Intelligent Robot

The development of intelligent robots has brought great challenges to the current civil legal system.Among them,the civil legal status of intelligent robots is the most fundamental,affecting and even determining other civil systems of intelligent robots.Academia’s research on the intelligent legal status of intelligent robots has formed a "object-subject" binary opposition.The object theory believes that although intelligent robots have certain intelligence,they lack the willpower of natural people,and lack the physical characteristics and emotional needs of biological humans.They do not have bioethical values.In addition,the current civil legal regulations can effectively solve the problems caused by intelligent robots.The civil challenge,therefore,advocates intelligent robots as the product of human technological rationality,which is only the object of civil rights,and civil law should not be given the status of civil subject.With the development of intelligent robots,they have already possessed independent will power,which is not simply controlled by human beings,and it is not appropriate to continue to regard them as "tools" in the traditional sense.Therefore,the object theory has great limitations.The subject theory believes that the civil subject system of modern civil law is open and presents an expanding trend,and that intelligent robots have independent and independent will capacity.The civil law should recognize the qualification of civil subjects of intelligent robots and give them civil subject status.Within the subject theory,its interpretation path is divided into agency theory,electronic personality theory and limited legal personality theory: the agency theory positions the intelligent robot as its owner ’s agent,and the responsibility is ultimately borne by its owner,so the civil the subject status has no practical significance;the electronic personality says that the intelligent robot is set as an electronic person,and the relationship between the intelligent robot and humans has not been explained;the limited legal personality says that the qualification of the civil subject of the intelligent robot is restrictive,but regrets that the specific civil subject system of intelligent robots.Intelligent robots are widely used in various fields of society,and the real value to humans will be far greater than the risks they bring.The law should be based on society,and civil law should also conduct specific civil challenges on the civil challenges of intelligent robots rules and regulation.Intelligent robots show a high degree of "anthropomorphic" trend,not only have externally visible physical shapes,but also have independent and autonomous will capabilities,and also play a certain social role.The difference between them and biological people may be only in the characteristics of life or emotional needs differences,but this is not required by the main body of civil law.From the perspective of rationalism,the intelligent robot is the unity of cognitive ability,will ability and moral ability,which is in line with the setting of the civil subject concept of modern civil law.Modern civil law should recognize the civil subject qualification of the intelligent robot and give it the civil subject status.However,considering that the shape of intelligent robots is made by humans,and rationality is also given by humans,and it must always be based on the fundamental interests of humans,the civil subject nature of intelligent robots should adopt the "extension of natural human subjects",and its legal personality is not complete but restrictive.The so-called "extension of the subject of natural persons" means that one of them means that intelligent robots are qualified as civil subjects,and the other is that the status of civil subjects of intelligent robots is relative to natural persons,whose civil subject status is conferred by natural persons,and this limited civil subject the setting has a strong utilitarian color.Based on the thinking and definition of "the extension of the subject of natural persons",intelligent robots as a restrictive civil subject,from the perspective of humanism,must build a specific intelligent robot civil subject system centered on civil obligations,which must comply with basic civil obligations,enjoy limited civil rights and assume specific civil liabilities.