Critique Of Personality In Private Law Of Artificial Intelligence

Artificial intelligence,with its powerful ability of calculation,reasoning and learning,has brought about profound changes in all aspects of human society and posed many challenges to the current legal system.In order to meet the challenge of artificial intelligence to the law,the legal circle needs to study the distribution of rights,obligations and responsibilities related to artificial intelligence.There is a serious dispute in civil law circles over whether artificial intelligence should be endowed with private law personality.Some viewpoints put forward that artificial intelligence should be endowed with the personality of private law so as to become a civil subject capable of assuming responsibilities,and it should be regarded as the premise to solve all legal problems related to artificial intelligence.However,the existing legal research on artificial intelligence seems to confuse people with "pan-artificial intelligence" and robots with specific shapes.It not only exaggerates the impact of artificial intelligence on the current law,but also confuses the strong logical reasoning ability of artificial intelligence with human rationality and ignores the objective facts of the development of artificial intelligence technology.Therefore,this paper attempts to criticize the view of endowing artificial intelligence with private law personality from the ethical and empirical aspects.Private law personality has ethical and empirical connotations.Ethical personality is the product of human civilization and carries the spiritual connotation of "human being".Although artificial intelligence can impact the current legal system and human ethical value system,it does not have the ability to freely choose values and undertake moral obligations.Therefore,it cannot have ethical private law personality.The artificial personality is based on the acquisition of artificial technology and has nothing to do with the connotation of ethical spirit.Although there is no problem in legal technology to endow artificial intelligence with private law personality,the construction of artificial intelligence artificial personality will lead to chaos in the legal system and lack of necessity in the empirical level.Therefore,this paper holds that it is not appropriate to endow AI with private law personality at the stage of weak AI.The thesis is divided into five parts:The first part mainly introduces the impact of artificial intelligence on private law personality system.Firstly,this paper briefly introduces the background of the artificial intelligence private law personality problem.As a product of scientific and technological rationality,the complexity of artificial intelligence technology determines that philosophy and natural science must have differences on the concept of artificial intelligence.There are incongruous disputes between artificial intelligence functionalism and anti-functionalism,which lays a foundation for the question of whether artificial intelligence can acquire private law personality.Next,the impact of the application of artificial intelligence on China’s tort liability law and copyright law is introduced in detail.One view holds that artificial intelligence should be endowed with private law personality to solve the problem of liability fixation,while the other view holds that solutions should be sought under the existing legal framework.The second part introduces the current academic point of view on the personality of artificial intelligence private law.On the basis of the summary,this article sums up the different viewpoints as follows: personality affirmation and personality negation,and briefly introduces various viewpoints to pave the way for criticizing the personality of artificial intelligence private law.The third part goes back to the private law personality system itself and clarifies the essential elements of the concept of private law personality by tracing the historical development of the private law personality system.The development history of ethical personality shows that only natural persons can exclusively enjoy ethical personality.Fictional personality is the product of the personality system accepting legal persons.Fictional personality has no ethics but only empirical significance,which provides the premise for the following criticism of artificial intelligence’s private law personality at the ethical and empirical levels.The fourth part and the fifth part criticize the viewpoint of endowing artificial intelligence with ethical personality and fictional personality respectively.It is pointed out that when investigating the personality problem of the private law of artificial intelligence under the background of weak artificial intelligence,one should be alert to the "trap of artificial creation" and the "subsidiary meeting of artificial intelligence concepts".On the basis of summarizing the differences between the concepts of scientific and philosophical intelligence,it is shown that the problem of false artificial intelligence cannot cause serious impact on the existing personality system of private law.The key for artificial intelligence to possess ethical personality is to possess human rationality and free will.The difference between naturalism and dualism of body and mind on the concept of "intelligence" may impact human ethical value and cause problems in the application of laws.However,the ethical subject position of natural person is unique,and weak artificial intelligence cannot have the personality of ethical private law.Finally,it criticizes the realistic necessity of endowing artificial intelligence with artificial personality in an empirical sense,and points out that artificial intelligence can obtain artificial personality by analogy with legal person and legal method of artificial,"private law personality affirmation" is logically established.However,the current theory on the personality of artificial intelligence in private law cannot clearly stipulate the rights,obligations and responsibilities of artificial intelligence,which is not logical and systematic at the level of legal norms.Besides,through the interpretation and reconstruction of the existing laws,the existing norms can still solve new legal problems.Even if the current law cannot effectively solve the conflict,it is not appropriate to legislate hastily at the initial stage of major scientific and technological innovation.The stability and lag of the law require more cases of artificial intelligence application typology.Radical legislation may affect the spontaneous regulation of the market and hinder scientific and technological innovation.