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Evidence Of The Status Of The Legal Subject Of Strong Artificial Intelligence

Posted on:2022-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ChenFull Text:PDF
GTID:2506306782954909Subject:Automation Technology
Abstract/Summary:PDF Full Text Request
The rapid development of science and technology has led to continuous advances in artificial intelligence technology,from weak to strong artificial intelligence in great strides.In the era of weak AI,intelligent machines are indeed only tools to assist humans,and their status does not rise to the level of subjects,but is treated as objects.So,how far can AI,which is no longer treated as an object,be considered strong AI and have the status of a subject?Some scholars have suggested that with the right kind of programming,an intelligent computer may not only be a tool to assist human beings in their work,but may also have the possibility to think like a human being and can be treated as a subject.On the question of whether it has the status of a legal subject,there are different views in the academic community.The affirmative view is that it has the status of a subject from the perspective of an "electronic person",a mimetic person and an agent,while the negative view denies the status of a subject on the grounds that it cannot assume legal responsibility.The compromise theory suggests that it is possible to give it a relative subjective status from the perspective of the consistency of rights and obligations,but it should also have reservations.Through the analysis of the three views of the academic community,three points of contention are summarised: whether it is necessary to confer legal personality on them,whether they have the ability to independently identify and control their own behaviour,and whether they can independently assume legal responsibility.Having independent legal personality is the primary condition for acquiring the status of a legal subject,but not only natural persons have legal personality.The reason why slaves and women did not have the status of legal subjects in the early days was that they did not have legal personality.With the development of law,the scope of legal personality conferred was extended to legal persons and unincorporated organisations,which is sufficient to show that the concept of legal personality is not static,but constantly evolving as society develops,and therefore has the theoretical basis and possibility to confer legal personality on strong artificial intelligence.By analysing the basic elements of mimetic technology,and in accordance with the rationality of the existence of mimetic personality,strong artificial intelligence is given a mimetic personality distinct from that of natural persons,thus giving it the first independent condition to obtain the status of a legal subject.Strong AI has the ability to control and identify its own behaviour,i.e.the ability to independently participate in social interactions and social relations,which is a manifestation of the behavioural capacity of strong AI.Based on the current state of development of AI,to speculate on the future development of AI,the current AI can already achieve the ability to hear,read and write,and the accuracy of its calculations even exceeds that of humans,the future strong AI must be even stronger,and it can fully obtain effective information from the outside through a computer system independent of the external environment,make a decision highly similar to that of humans,and then make a decision based on It will be able to make a decision that is highly human-like,and then carry out an act based on its own independent,externally uncontrolled implementation.The AI must have the ability to independently assume legal responsibility in order to become a legal subject.Under the existing principles of legal attribution,it is difficult to make a fair allocation of responsibility,and it would be against the principle of fairness for any party to take responsibility for the damage caused by a strong AI.Therefore,we can solve these problems by establishing a social insurance mechanism for AI,building a human-machine community and setting up a compensation savings fund to ensure that strong AI can bear legal responsibility.By analysing and exploring the legal personality,capacity to act and responsibility of strong AI,the necessity and possibility of clarifying the legal status of strong AI and giving it the status of a subject will not only help to promote the progress of law in the field of AI,but also help to achieve fairness and justice and promote the development and progress of science and technology.
Keywords/Search Tags:Strong Artificial Intelligence, Legal Subject, Proposed Personality, Independent Identification, Responsibility System
PDF Full Text Request
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