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Research On The Connotation Of Legal Fiction Subjec

Posted on:2022-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y F WuFull Text:PDF
GTID:2556307055955569Subject:Law
Abstract/Summary:
In the legal concept system,the concept of legal subject is the most basic concept.As the core of the construction of legal relations,the legal subject constitutes the basic framework of legal concept.It is the participant of legal relations,the undertaker of rights and obligations,and the dominator of the object.The logical structure of legal thinking is that the subject identifies the participants in the legal relationship,and then resolves the constituent contents of the legal relationship,such as rights,abilities,obligations and responsibilities.Therefore,based on the dichotomy of subject and object,law constructs the existing legal relation theory.However,with the development of society,more and more entities join in social activities and try to become legal subjects.On the one hand,the change of social practice is related to the natural attributes of these entities,and on the other hand,it also comes from the expectation of human beings for such entities to play a more active role in social production activities.In order to adapt to this change,subject theory keeps evolving,and legal subject plays an increasingly important role.Following the legal person,with the development of artificial intelligence technology,the debate on the subject qualification of artificial intelligence has injected a new connotation into the concept of legal artificial subject.Based on the above background,this paper first analyses the subject of legal fiction in abstract connotation of traditional theory,and then Ephraim artificial concrete objects further resolve these abstract connotation is how to implement in the empirical method,along with the scholars of artificial intelligence in the field of artificial intelligence legal main body status,this paper reveals in the context of new scholars expect of legal fiction subject connotation development,Finally,we draw the conclusion of how to develop and construct the legal subject system.
Keywords/Search Tags:legal subject, fictitious subject, legal fiction, legal person, artificial intelligence
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