Discussion On Artificial Intelligence Contract Behavior

With the rapid development of artificial intelligence,the world has entered the era of artificial intelligence.Artificial intelligence,with its powerful impact,poses a severe challenge to the legal ethics and legal norms of various countries.Therefore,human beings need to accelerate the cognitive research of artificial intelligence and bring it into the legal system for standardization.Under this background,legal scholars began to study and analyze artificial intelligence one after another,and most of them focused on the legal status and subject qualification of artificial intelligence,the undertaking of tort liability and the ownership of intellectual property rights,etc.,while few scholars carried out research in the field of contract.Therefore,this paper attempts to discuss the contract behavior of artificial intelligence from the following four parts.The first part of this paper mainly expounds the general problems of artificial intelligence contract behavior.In this section,the author of artificial intelligence and artificial intelligence contract behavior is defined,respectively,this paper expounds the concept and characteristics of artificial intelligence,the classification of artificial intelligence and artificial intelligence,the concept of contract behavior and characteristics,status quo and prospect of contract behavior of artificial intelligence,etc,this part discusses the contract behavior of artificial intelligence theory foundation.The second part of this paper mainly confirms the legal status and subject qualification of artificial intelligence.In this part,the author first discusses the connotation and standard of legal status and subject qualification,and puts forward that it is not appropriate to judge artificial intelligence only according to the standard of "legal personality theory",thus leading to the thinking singularity of this paper--artificial intelligence has no independent property.Secondly,it discusses various theories about the legal status and subject qualification of artificial intelligence in China,including "negation","affirmation" and "compromise",among which "negation" mainly includes "instrumental theory","artificial personality theory" and so on."Affirmation" mainly includes "cyborgs","legal fiction",etc.The "compromise theory" is mainly "limited personality theory" and so on.Finally discusses the scope of the legal status of artificial intelligence with main body qualification and enlightenment,this paper summarizes the outside about the legal status of artificial intelligence with main body qualification of legislation,law enforcement,etc.Based on practice and theory research,analysis of the experience of practice and theory,and draw inspiration: the legal status of artificial intelligence in our country and the qualification cognizance of the subject need to be in accordance with the law in our country and the actual situation of the development of artificial intelligence,is regarded as "quasi civil main body" the most appropriate.This part is the premise and foundation of discussing artificial intelligence contract behavior.The third part of this paper mainly discusses the related problems in the implementation of artificial intelligence contract behavior.First of all,the author expounds three preconditions for artificial intelligence to become a contracting subject and implement the contract behavior:first,artificial intelligence can make independent "intention expression";Second,artificial intelligence needs to have the qualification of "quasi-civil subject";Third,AI has to act on contracts based on "agency rights".Secondly,the author also expounds the responsibility types and ultimate responsibility attribution of artificial intelligence contract implementation.There are only two types of liability for the implementation of the contract by artificial intelligence: the expected liability for breach of contract and the liability for breach of contract,both of which will ultimately be borne by the general civil subject accepting the agent of artificial intelligence,that is,artificial intelligence cannot become the subject of liability for the contract.This part is the core of discussing the contract behavior of artificial intelligence.The fourth part of this paper is mainly based on the previous discussion on artificial intelligence contract behavior norms.Based on the above discussion,this part further puts forward the necessity to standardize the contract behavior of artificial intelligence,that is,there is instability of artificial intelligence at present and artificial intelligence will be in a dominant position in the contract relationship in the future.Finally,this paper proposes a legislative proposal to regulate the behavior of artificial intelligence contracts: strict restrictive clauses should be set up in the general provisions of civil law and the contract,and a famous contract,"artificial intelligence contract",should be added into the contract.This paper hopes to promote the orderly development of artificial intelligence,enrich the theoretical research on artificial intelligence,build a more perfect socialist legal system,and help realize the socialist rule of law modernization as soon as possible through the research on artificial intelligence contract behavior.