Research On Civil Subject Qualification Of Artificial Intelligence

In the era of digital economy,the technological level of artificial intelligence is constantly improving,and artificial intelligence is evolving towards the direction of object to subject.Especially artificial intelligence has been applied to various fields of human economic and social life,such as autonomous driving technology,facial intelligence recognition technology,AI synthesis hosts,and Chat GPT chat robot programs.It has a certain degree of autonomy and can make autonomous decisions to a certain extent.This anthropomorphic feature and the anthropomorphic behavior it makes pose new challenges to the current legal system.AI has brought a series of challenges in the field of tort liability,intellectual property rights and even personality rights.The legal issues caused by artificial intelligence can all be traced back to a core issue: whether artificial intelligence has civil subject qualifications.At present,there is still a significant controversy in the academic community of our country regarding this issue,with three theoretical viewpoints: affirmation,negation,and compromise.Currently,there are precedents in countries such as Saudi Arabia and Japan granting legal subject qualifications to artificial intelligence,which provides a reference for China to grant civil subject qualifications to artificial intelligence.Overall,the concept of legal subject gradually develops with the development of society,from "real people" to "abstract people" and then to "quasi people",and different historical periods are endowed with different connotations.Especially the theory and practice of legal persons being included in the category of civil subjects have laid the foundation for artificial intelligence to become a civil subject.With the advent of the artificial intelligence era,the concept of legal subjects is accelerating its expansion.The progress of modern artificial intelligence technology has brought tremendous progress to the social economy.Granting artificial intelligence the legal subject qualification and regulating it is conducive to further liberating social productivity,improving production efficiency,promoting economic development,and helping to regulate artificial intelligence behavior,ensuring its development in a certain order and planning.There should be unique criteria for determining whether artificial intelligence has the qualification of a civil subject.By sorting and analyzing the historical evolution process of civil subject qualification and the existing theories of civil subject qualification judgment standards,and combining the technical characteristics of artificial intelligence,the artificial intelligence civil subject qualification judgment standards are strictly and cautiously summarized.The constituent elements of the qualification criteria for artificial intelligence civil subjects should include two aspects: substantive elements and formal elements.The substantive elements include self-awareness,free will,and disposable property,while the formal elements include capacity for rights,capacity for behavior,and capacity for responsibility.After meeting the substantive requirements,artificial intelligence becomes an independent social entity independent of natural persons.However,in order to become a legal subject,legal recognition is also required,that is,meeting the formal requirements of the law.It is necessary and feasible to grant civil subject qualification to artificial intelligence.From the perspectives of technological needs,social practice needs,and legal value,it is necessary to endow artificial intelligence with civil subject qualifications;From the perspective of the substantive and formal requirements of legal technology and artificial intelligence civil subject qualification judgment standards,granting artificial intelligence civil subject qualification clearly has certain theoretical and practical feasibility.However,given the special nature of artificial intelligence,its civil subject qualification must be limited.In order to prevent artificial intelligence from surpassing humans,the civil subject qualification of artificial intelligence should be distinguished from natural and legal persons,and must be subject to stricter legal regulations and moral and ethical constraints.The ability to enjoy rights,fulfill obligations,and assume responsibilities should be specific and limited.On the premise of determining the limited qualification of artificial intelligence civil subject,the artificial intelligence civil subject qualification system is designed from four aspects: right capacity,behavioral capacity,liability capacity,and regulatory mechanism.An artificial intelligence registration and filing system is established to clarify the limits of artificial intelligence right capacity and behavioral capacity,and to clarify the limited liability of artificial intelligence under the principle of "piercing the veil of artificial intelligence",At the same time,the supervision of AI is carried out in accordance with the principle of "anthropocentrism",aiming to better solve various legal problems caused by AI in practice.