Study On The Legal Personality Of Artificial Intelligence

Artificial intelligence technology has developed rapidly in the context of the fourth industrial revolution,while human beings enjoy the dividends brought by artificial intelligence,artificial intelligence has also caused certain impacts on human society.Investigating its origin,it is necessary to correctly position artificial intelligence in law and embed it into the legal system.The academic trends on this issue can be summarized as "subject theory","object theory" and "distinguish theory".However,most of the academic research focuses on the impact and response of artificial intelligence,a new technology,to law,and few scholars from the perspective of legal personality basic theory.Attempts to explore the theoretical aspects of AI legal personality as evidenced will help flesh out the theoretical basis of the issue.According to the degree of development,artificial intelligence can be divided into weak artificial intelligence and strong artificial intelligence.Different kinds of artificial intelligence should be treated differently in legal positioning according to different characteristics.At the present stage,artificial intelligence technology is still in the era of weak artificial intelligence,and the academic circles have already formed a consensus on the positioning of the legal object of weak artificial intelligence.With the rapid development of artificial intelligence technology,it is boldly assumed that strong artificial intelligence will probably appear or even enter the legal relationship category in the future.To discuss whether strong artificial intelligence has legal personality is the prerequisite theoretical preparation for the possible entry of strong artificial intelligence into legal relationship in the future.The lag of law cannot prevent the discussion of this necessary theoretical problem.Legal personality is an abstract basic concept based on legislators’ will.The legal personality in different historical times reflects the cultural concepts,political choices and social development at that time.Influenced by many factors,the standard of legal subject identification has gone through from the "identity" standard in the Roman law era to the "rationality" standard in the French Civil Code era.The evolution of the standard of "right ability" in the era of German Civil Code is behind the change of the concept of legal subject from feudal clan to individualism and then to collectivism,which also reflects the impact of the real law school on the natural law school in the history of western legal thought.By analyzing the legal personality system,the author analogously studies the establishment process of legal personality of legal persons,compares the different access paths of legal personality,and puts forward that the access path of "functional theory" is the most suitable,that is to judge whether it is necessary for the law to endow them with personality based on the development degree of the entity in a specific period and the social function value given to the subject’s legal personality.So,the author further draws two specific criteria for evaluating legal subjects,one is an objective entity that can be brought into legal relations,and the other is that endowing legal personality to this entity can make the social existence play its social function better.Under the criterion of the "functional theory",this paper discusses the legal status of weak AI and strong AI respectively.I conclude that weak artificial intelligence enjoys the "personality-like" position of object nature,and analyze the legal issues of tort liability and copyright ownership arising from weak artificial intelligence at the present stage.In addition,I conclude that strong AI should enjoy legal personality,and conceptualize the elements of personality system such as legal subject qualification,right capacity,ability to act and liability capacity.