Analysis On The Qualification Of The Legal Subject Of Artificial Intelligence Body

In the context of artificial intelligence technology strongly invading human society,a large number of negative events of artificial intelligence have filled people’s horizons,and humans have begun to examine the legal subjectivization of artificial intelligence bodies.Different fields and different scholars have different views on the proposition whether artificial intelligence body can become the legal subject after the advent of "singularity".In the face of a series of legal risks and liability-bearing problems that may be caused by the artificial intelligence body,it is necessary for the academic community to achieve unified cognition through a rigorous and systematic argumentation,to provide a theoretical guide for the future era of strong artificial intelligence,and to provide theoretical support and method guidance for future legislation,judicial practice and social management.In order to clarify the legal position of the artificial intelligence body,we need to distinguish the concepts related to the artificial intelligence body,and sorts out the current academic circles’ positioning of the artificial intelligence body’s attributes.On this basis,the concept interpretation and attribute identification of the artificial intelligence body are carried out,and a series of obstacles that may exist in the artificial intelligence body subjectification are pointed out,including: technical obstacles,social obstacles and legal obstacles.To overcome the obstacles to the legal subjectivization of artificial intelligence,it is necessary to demonstrate the feasibility of legalization of artificial intelligence from three perspectives.Firstly,consolidate the legal philosophy foundation of the legalization of artificial intelligence body,introduce free will theory and advanced intelligent models to resolve the technical obstacles of the legal subjectivization of artificial intelligence body,and the theoretical qualifications of subject qualification;Secondly,the legal economic model is used to demonstrate that the legal subjectivization of artificial intelligence body is in compliance with the legislative principle of maximizing legislative benefits,satisfying the legislative needs of the public,and achieving the purpose of balancing legislative benefits and legislative supply;Finally,from the perspective of legal sociology,it is proved that the legal subjectivization of artificial intelligence body is based on adapting to the future social and economic changes and respecting social multiculturalism,so as to eliminate the social obstacles to the legal subjectivization of artificial intelligence body.In addition to theoretical construction,we intend to combine legislative practice abroad to propose legislative and judicial recommendations for the subjectiviation of artificial intelligence body and institutional arrangements to deal with the risks of legal subjectivization of artificial intelligence.This includes: On the one hand,in legislation: the staged legislation will incorporate the artificial intelligence body into the scope of legal regulation,rationally define the scope and limits of the artificial intelligence body ’s rights within the constitutional framework,and make corresponding rights reservations in other legal fields.At the same time,the responsibility areas and limits of the artificial intelligence body are clearly defined;On the other hand,at the level of institutional support,through the formulation of ethical norms,the establishment of the "registration system for artificial intelligence" and the improvement of the early warning and responsibility-taking mechanism of artificial intelligence body,the series of legal risks caused by the social invasion of artificial intelligence body is minimized.