Research On The Qualifications Of Artificial Intelligence Legal Subjects

At the ninth collective study on the current situation and trends of ai AI development held by the Political Bureau of the CPC Central Committee,General Secretary Xi Jinping stressed that attention should be paid to the study of legal issues related to artificial intelligence and that the system,ethics and laws and regulations to ensure the healthy development of artificial intelligence should be improved.The subject qualification of artificial intelligence is the starting point of the study of artificial intelligence legal problems.The thesis is divided into the following parts of the research discussion:The introduction summarizes the topic selection,background,theoretical significance and current research situation at home and abroad in recent years,and briefly introduces the content,methods and innovation points of the thesis research.The first part is an overview of the basic problems of artificial intelligence.The concept and essential characteristics of artificial intelligence are summarized by combing the theoretical classification and significance of artificial intelligence technology.The second part analyzes the philosophical and legal basis of the legal subject status of artificial intelligence,and puts forward that artificial intelligence is not rational,so it is impossible to obtain subject status like human beings according to reason,and giving artificial intelligence to the legal subject qualification and the purpose of studying artificial intelligence,that is,for the sake of the comprehensive and free development of human beings,and if only in order to find a subject to force responsibility,this practice lacks practical significance,because the ultimate responsibility bearer is still human.Secondly,the artificial intelligence and legal person as a comparative analysis,analysis of legal persons can become the main body is the embodiment of the will of the people behind it,and artificial intelligence even if the socalled "autonomous consciousness",but the source of its ability still depends on the initial program setting and preparation,as well as the manipulation of data input content,this independent understanding is based on the operation and learning of technical data,difficult to carry out moral dilemma.Secondly,if intelligent robot becomes a legal subject and undertakes corresponding obligations,then based on the principle of reequality of rights and obligations,it should enjoy corresponding rights,such as property rights,honor rights,etc.,which obviously contradicts the original intention of research and development of strong artificial intelligence,and it is difficult to truly enjoy rights and obligations.The third part briefly discusses the concept of AI belonging to objects,analyzes the unreasonableness of the treatment of artificial in intellectual property rights,tort liability and the status of civil subjects granted in contracts,and theoretically constructs how to solve the risks of artificial intelligence applied to society,that is,to establish a corresponding insurance system.The fourth part,combined with the purpose of studying artificial intelligence,establishes the starting point and position of treating artificial intelligence,that is,establishes the basic concept of artificial intelligence governance according to law,puts forward the basic idea of maintaining the consistent development goal of artificial intelligence with the realization process,balancing the development of artificial intelligence and the protection of human legal rights,and regulating the activities of those who provide artificial intelligence products and service providers should be the basic idea of artificial intelligence rule of law.Weak artificial intelligence belongs to the tool,belongs to the object of law.It is suggested that if we want to give strong artificial intelligence the status of subject of crime,then it should have at least the following conditions(1)the ability to recognize and control the norms of human society.(2)The law shall permit its entry into human society.(3)Artificial intelligence should be subject to laws and regulations made by human beings.The artificial intelligence discussed below is an artificial intelligence system that meets this condition.The fifth part,it is proposed that if we want to give strong artificial intelligence criminal responsibility subject status,then it can not be coordinated with the current criminal law system.This coordination should include,at a minimum,the following aspects: first,coordination with the purpose of punishment,including the achievement of the purpose and means of punishment: second,coordination with the provisions of crime,criminal law and criminal responsibility.It is concluded that it is difficult to coordinate with the current criminal law system to give the subject status of strong artificial intelligence criminal responsibility,so artificial intelligence should not be given the status of criminal responsibility subject.Moreover,if artificial intelligence cannot be incorporated into the existing criminal law,and embark on the road of amending the existing criminal law,it will not only destroy the system and integrity of the criminal law,but also has no substantive significance.