| The arrival of the era of artificial intelligence has brought about profound changes in human social life,and it has also caused a series of legal issues.Due to the lag of the legal system,the controversy caused by the development of AI in the real world has impacted the existing civil legal system to a certain extent.The first question is whether AI has the qualification of civil subject.The historical development of civil subject qualification establishes four major criteria for the identification of civil subject qualifications: the will standard of “free will” and the standard of conduct of “participating in civil legal life”,the material standard of “accessing to independent property” and the value standard of “being centered on people’s interests”.The four major standards provide an important basis for the identification of civil subject qualification of AI.Though AI participates extensively in civil legal life,it has an incomplete "free will",cannot access to independent property and conforms to the value standard of being centered on people’s interests.Therefore,the identification of civil subject qualification of AI still has limitations.The legislation for AI,based on its civil legal status,can be carried out through four aspects: defining civil legal status,establishing a people-oriented supervision mechanism,establishing a special responsibility bearing mechanism and balancing innovation promotion and risk prevention. |
