Throughout the development history of civil subject,we can find that more and more social subject has been brought into the category of civil subject.With the advent of the era of intelligent robots,it is particularly important to deal with the relationship between intelligent robots and human beings,among which the most prominent problems are the intellectual property rights and liability for harm of intelligent robots,and the solution of this problem should be based on the premise of determining the subject status of civil law of intelligent robots.Therefore,defining the civil legal status of intelligent robot has important theoretical and practical significance at present.This paper takes the era of intelligent robot as the background and the qualification of civil subject as the research perspective to discuss how to bring the intelligent robot that meets the constitutive requirements into the system of civil subject.In addition to the introduction and conclusion,the main content of this paper is as follows:The first part: Intelligent robots and their legal challenges.This part is problem-oriented.Based on the definition of intelligent robot,it analyzes the legal challenges brought by intelligent robot from the perspective of copyright ownership of the works created by intelligent robot and liability for harm caused by intelligent robot,and leads to the definition of civil legal status of intelligent robot.The second part: the historical evolution of civil subject and its judgment standard.Civil subject is the core problem to be solved by civil law and the premise for civil law to play its adjustment function.This part sorts out the form of the civil subject in history and summarizes its evolution law,and then summarizes the judgment standard of the civil subject in combination with relevant theories.The third part: the theory of defining the legal status of the civil subject of intelligent robot.This part lists all kinds of common theories about the legal status of the civil subject of intelligent robot in academic circles,including negation,affirmation and compromise,and makes a brief comment and analysis.The fourth part: The necessity and practical significance of civil subject qualification for intelligent robot.This part elaborates the necessity and practical significance of bringing the intelligent robot with the condition of civil subject into the category of civil subject,which is not only the need to carry out the principle of "anthropocentrism",but also the need to conform to the development of the era of intelligent robot,as well as the need to promote the theory and practice of civil law.The fifth part: the feasibility analysis of establishing the civil subject qualification of intelligent robot.This part first elaborates the theory of "separation of man and personality in Roman law","power defines rights" and other theories,and analyzes the theoretical basis of intelligent robot as civil subject on this basis.Secondly,it analyzes the various subject-object conditions of the ability of intelligent robot to obtain the qualification of civil subject.Finally,it introduces the development of relevant policies and legislation in the United Kingdom,the United States,Russia,the European Union,South Korea and China on the legal space of intelligent robots.The sixth part: the concrete idea of building the civil subject system of intelligent robot.On the one hand,this part proposes that we can draw lessons from the legal entity to endow the intelligent robot with the qualification of civil subject,that is,to create a new civil subject--cyborg.On the other hand,it puts forward some ideas on the design of the supporting mechanism of the civil subject system of intelligent robots,including the establishment of a special organization to manage and regulate the intelligent robots,the establishment of the classification and registration system of intelligent robots,and the formulation of the relevant ethical principles and norms of intelligent robots. |