Negative Theory Of Legal Subject Status Of Artificial Intelligence

From the perspective of the historical dimension of the development of the legal system,the extension of the concept of the legal subject has gradually expanded,which is closely related to the continuous emergence of many "emerging subjects" such as animals,artificial intelligence,fetuses,and the natural environment,especially with the development of artificial intelligence.Improvement,some scholars advocate giving artificial intelligence the status of legal subject,which makes the concept of legal subject,which seems to have no theoretical controversy,once again enter the field of vision of scholars.However,the theoretical connotation of legal subject is very rich,and the identification standards of legal subject are not simply listed in textbooks.In order to clarify the legal positioning of artificial intelligence,it is necessary to have an understanding of the identification standards of legal subjects..Research on the identification standards of legal subject qualifications can better clarify the legal positioning of artificial intelligence.At the same time,based on the standpoint of external realism,we can sort out the existing subject qualification standards and understand the existing subject qualifications more comprehensively.standard.After having a certain understanding of the connotation of philosophy subjects and legal subjects,the most important thing is to select the criteria of the qualifications of the legal subject.The minimum standard for determining the qualifications of the legal subject,so after analyzing and comparing the theory of rationality,perceptual theory,and morality,this article believes that rational theory has more arguments in this article.Power and persuasion only need to improve the shortcomings of rationality under the theory of Kant.Through in-depth analysis of the elements of Kant’s subjective theory,such as rational,human dignity,and self-discipline,the Kant’s subjective theory plays an important supplementary role in determining the subject qualification.Subsequently,considering the relationship between legal subjects and philosophy subjects,continued to explore the feasibility and superiority of Kant’s subjectivity theory in determining the qualifications of legal subject qualifications.Finally,the qualification of Kant-style legal subject is a rational person with legal personality,that is,The subject of the law is rational,free,dignified,and capable of self-discipline.The freedom of will,human dignity,and self-discipline are actually included in the most extensive rational concept system.Therefore,the most fundamental test of whether a certain existence can become a legal subject must still be based on rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,that is,rationality,rationality,As an effective way to test the qualifications of the legal subject,considering that rationality itself is a complicated conceptual system and the close relationship between moral laws and rationality,so the moral law order is used as a test of a rational inspection standard,and then the moral rolling order It is the minimum inspection criterion for a certain existence to have the qualifications of legal subjects.In order to prove the applicability of the theory based on the theory of Kant-style subjectivity,the legal positioning of artificial intelligence discussed by the academic community as an example and analyzing this,that is,artificial intelligence cannot meet the general formulas and human nature of humanity,human nature,humanity The requirements of formulas and self-discipline formulas have concluded that artificial intelligence does not have the qualifications of legal subjects,and can only regulate it as a special legal object.In the process of this argument,the judgment theory of legal subject judgment theory under the theory of Kant-style subjective theory is rationality and applicability.