| With the rapid development of artificial intelligence technology,it is no longer emply talk to endow artificial intelligence with the status of legal subject.From a theoretical perspective,artificial intelligence has been able to carry out human thinking like cognition,decision-making,with a certain degree of self-awareness,so,to endow artificial intelligence with the status of legal subject is the inevitable demand of history and the trend of the Times.From the perspective of the historical development of the theory of legal subject,and from the result of "man can be neither man nor man" to "man can be neither man nor man",the scope of legal subject gradually expands with the development of social economy,ethics is no longer a constituent element of the subject of law.Whether artificial intelligence endows the subject of law with status is more a value orientation.The emergence of artificial intelligence,so that the traditional theory of the subject of law by the impact,but also we need to break the "neither man nor thing" traditional concept,expand the scope of the subject of law.Law is the means and approach created by human beings to safeguard human interests.The characteristics of artificial intelligence have been in line with the elements of legal subject.At the same time,endowing artificial intelligence with the status of legal subject will help us solve the legal risk brought by artificial intelligence.From the perspective of practice,the attitude of developing artificial intelligence in various countries and the cases of endowing artificial intelligence with the status of legal subject in foreign countries,endowing artificial intelligence with the status of legal subject no longer stays at the theoretical level.At the same time,it also provides a reference for our country to endow artificial intelligence with the status of legal subject.Endowing artificial intelligence with the status of legal subject is the premise to solve the complex legal relationship between human and artificial intelligence.The ultimate significance of exploring the legal subject status of artificial intelligence is to solve the legal problems brought by artificial intelligence.Although some countries or regions have given artificial intelligence legal subject status,but the relevant system is not perfect.To endow artificial intelligence with the status of legal subject is only the first step to solve the problem.How to use the status of legal subject to solve the legal problems brought by artificial intelligence is the core.Follow the "minimization principle" and "procedural principle",try to apply the existing laws to the era of artificial intelligence.The product liability law can no longer regulate the autonomous infringement of Ai,while the autonomous infringement of Ai with the status of legal subject can be regulated by the Tort Liability Law,let the artificial intelligence which has the legal subject status assume the responsibility way by the artificial intelligence independent responsibility property to assume.Endowing artificial intelligence with the status of legal subject not only protects the creations of artificial intelligence under copyright law,but also is an important way to protect the order in the field of intellectual property.Therefore,the legal subject status of artificial intelligence is given,and the right of artificial intelligence creation is decided by the principle of autonomy of the will of civil law.The development of artificial intelligence needs the regulation of ethics and law.Artificial intelligence itself has certain complexity and autonomy,how to prevent the danger of artificial intelligence has become the focus that we must pay attention to.We will improve Ethics of artificial intelligence norms and legal regulation,establish Ethics of artificial intelligence norms that adhere to the principle of "people-oriented" and harmonious development,and establish a legal regulation system that uses the government to regulate the field of artificial intelligence,to provide a stable environment for the development of artificial intelligence.The pace of artificial intelligence development is no longer that we can block,adapt to the direction of the development of the Times,solve the legal problems brought about by artificial intelligence,and promote the harmonious development of artificial intelligence and human beings,it is the ultimate significance for us to endow artificial intelligence with the status of legal subject,and it is also an effective way for us to solve the legal problems of artificial intelligence. |
