Research On The Legal Subject Status Of Artificial Intelligence

The premise of the research on the legal subject status of artificial intelligence is to clarify the classification of artificial intelligence and the differences in the recognition of its subject status in the academic circle.According to different development stages,artificial intelligence can be divided into weak artificial intelligence and strong artificial intelligence.They differ so significantly in technical characteristics that they must be treated separately.At the same time,considering the legal subject qualification involves multiple and complex elements.Therefore,the academic community has different opinions on the legal status of artificial intelligence,which is mainly divided into two camps: "legal object theory" and "legal subject theory".The "legal object theory" holds that artificial intelligence can only be recognized as an objectbecause it lacks emotional and physiological elements in technology.On the other hand,the "legal subject theory" holds that artificial intelligence is rational enough to realize independent thinking and independent action without human beings,and it should be endowed with legal subject qualification.The core factors of the legal subject of artificial intelligence are rationality and behavior,which are common to both natural and legal persons,rather than irrelevant factors such as emotion and physiology.Theoretical rationality and practical rationality are the two wings of rational factors.The former requires the legal subject to use logic,reasoning and other ways of thinking to understand the objective laws of the perceived world,while the latter requires the legal subject to be able to recognize morality and guide his behavior with morality.As for the element of behavior,it is about whether one can make a terminal decision when expressing rational thinking through behavior..However,the emotional and physiological elements,with excessive emphasis on "human-centered",do not meet the practical needs of carrying out the artificial intelligence tort compensation and legal liability,and should not be included in the scope of legal subject qualification elements.Weak artificial intelligence does not fully meet the considerations of rationality and behavior and has no practical needs,so it cannot be endowed with qualification of legal subject.At present,the mainstream products of artificial intelligencegenerally do not contain a moral model,and are more likely as a tool in applications.In other words,weak artificial intelligence lacks not only practical rationality but also decision-making dominance in behavior expression,making it insufficient to endow it with legal subject qualification.As a legal object,weak AI has a strong instrumental attribute,and its disputes can also be solved under the traditional legal system.Therefore,there is no need to list weak AI as a legal subject.Strong artificial intelligence is characterized by the core consideration elements and is necessary to become a legal subject,so it should be endowed with limited legal subject qualifications.The qualification of legal subject of strong artificial intelligence is based on the practical need of developing science and technology and economic,and is also based on the necessity of legal attribution.Although strong AI can technically meet the two standards of rationality and behavior elements,it is not suggested to completely equate strong AI with the legal subject of natural person.Constrained by the ethical order of human society,strong AI can only become a legal subject with limited rights and responsibilities.As a legal subject,strong artificial intelligence should be regulated accordingly to promote and standardize the development of artificial intelligence technology.In terms of technology and law,the strong artificial intelligence should be qualified as a legal subject;In terms of system,market access standards for strong artificial intelligence should be set up,and special regulatory agencies should be founded to conduct classified supervision.In terms of liability bearing,it can improve the ability of infringement compensation by setting up a strong artificial intelligence special property account,establishing an insurance and a fund system.Finally,a explicit legal subject consideration factor can help judges quickly determine the legal status of artificial intelligence in practice and make corresponding attribution of responsibility,which contribute to further study on the related research in academic circles.