| We are entering the era of artificial intelligence! Artificial intelligence products such as driverless cars,drones,facial recognition systems and online voice assistants are all over our community,making our lives easier.However,the development of artificial intelligence also brings some problems.In the field of law,copyright and infringement on artificial intelligence awaken our thinking on the status of artificial intelligence as the subject of civil law.With the deepening of research in the field of artificial intelligence,facing the possibility of powerful artificial intelligence with independent will,can it be given the legal subject status in order to solve the problems arising from the development of artificial intelligence? On this issue,this paper is mainly divided into the following four parts for analysis.The first part mainly analyzes the system of civil legal subject,focusing on the historical evolution of civil legal subject,in order to find out the criterion of civil legal subject from the evolution history of civil legal subject,and analyze the possibility of giving artificial intelligence the status of civil legal subject with this criterion.The second part introduces the development of artificial intelligence and its challenge to civil legal subject system.It is the rapid development of artificial intelligence that causes more and more copyright and tort liability problems,which also leads us to think about the legal subject status of artificial intelligence.The third part investigates the civil legal subject status of different types of artificial intelligence.Because weak artificial intelligence does not have independent will,it cannot be the subject of civil law but can only be the object of law,while strong artificial intelligence has independent will and the possibility of becoming the subject of civil law.Moreover,it is important to give strong artificial intelligence the subject status of civil law.Therefore,strong artificial intelligence should be given the subject status of civil law.However,based on the purpose of creating artificial intelligence to develop human civilization,and the difference between artificial intelligence and human beings always exists,the subject status of strong artificial intelligence in civil law is limited.The third part investigates the civil legal subject status of different types of artificial intelligence.Because weak artificial intelligence does not have independent will,it cannot be the subject of civil law but can only be the object of law,while strong artificial intelligence has independent will and the possibility of becoming the subject of civil law.Moreover,it is important to give strong artificial intelligence the subject status of civil law.Therefore,strong artificial intelligence should be given the subject status of civil law.However,based on the purpose of creating artificial intelligence to develop human civilization,and the difference between artificial intelligence and human beings always exists,the subject status of strong artificial intelligence in civil law is limited.The fourth part is the forward-looking thinking on the legislation of the subject status of artificial intelligence civil law.It points out the principles of gradual establishment and some problems that should be paid attention to in the process of giving strong artificial intelligence the legal subject status. |
