| A new generation of artificial intelligence,driven by the Internet,big data,brain science and other technologies and economic development needs,is developing vigorously,profoundly changing human production and lifestyle and thinking mode,bringing new opportunities for economic and social development as well as new challenges,impacting law and social ethics."Technology" and "rules" have become the magic weapon for countries to seize the right to speak in the artificial intelligence governance system.Artificial intelligence gradually realizes semi-automatic or full-automatic protection from human input and control,and the subject relationship behind artificial intelligence is complex,so the traditional legal system is difficult to be applied,resulting in law enforcement and judicial work can not be relied on,and the rights and interests of relevant subjects can not be protected.The legal regulation of artificial intelligence needs to consider different application scenarios,and the application of these scenario rules has a pre-existing problem to be solved,that is,the legal status of artificial intelligence.Most scholars in the academic field advocate giving strong artificial intelligence the subject qualification.The author does not object to the legal subject status of strong artificial intelligence,but this move does not actually solve the problems faced by the society at present.In this paper,the object of discussion is focused on the artificial intelligence agent in the transition stage from weak artificial intelligence to strong artificial intelligence,which has more practical significance.Because it is at present and may be in the transition stage from weak artificial intelligence to strong artificial intelligence for a long time,and the artificial intelligence in this stage has enough automaticity and autonomy,it can not be regarded as a legal object.By analyzing the facts and value basis behind the legal personality of natural person and group,the author does not simply support the scholars of subject theory or object theory,but sees that there are many subjects behind the legal person,and the subject relationship behind the artificial intelligence body is extremely complicated,which is similar to a certain extent.On the basis of comprehensive analysis,the author puts forward his own views,and makes it clear that whether to give things legal personality ultimately depends on the needs of human society.The philosophical theory of utilitarianism and the legal technology of separating "person" from "personality" in Roman law era provide a solution to the legal problems caused by artificial intelligence,that is,giving artificial intelligence an electronic legal person’s main position.With the granting of electronic legal person qualification,most systems can be designed with reference to legal persons,which will not greatly change the legal provisions and maintain the stability of the law;Giving the electronic legal person of artificial intelligence a certain property right in the economic field can solve the ownership of the copyright of the products of artificial intelligence,stimulate the prosperity of the artificial intelligence creation market,and also solve the problem of property damage compensation when the artificial intelligence spontaneously infringes,so that the benefits can be better related to each subject behind the artificial intelligence,making the causal relationship path clearer;At the same time,from the establishment to the termination of electronic legal person,the system design includes both the procedure of registration and the specific rights.The government and enterprises work together to supervise and manage the whole process and all fields of artificial intelligence,and ensure that artificial intelligence technology always serves mankind.From the fiction of personality to the granting of rights to the design of system,every link has achieved both theoretical support and practical significance,ensuring that the new subject of electronic legal person can smoothly integrate into the legal world of subject-object dichotomy.Paying attention to the law and governance of artificial intelligence is a broad consensus of all countries in the world,but compared with the development of artificial intelligence technology and industry,the research on the legal governance of artificial intelligence is still in the early stage of exploration,and it is urgent to conduct in-depth discussion and research,establish a balanced relationship among technology,regulations and policies and the public as soon as possible,and promote artificial intelligence to be good.The author believes that the granting of electronic legal person qualification can effectively solve the problems brought by artificial intelligence at the lowest cost,and the minor adjustment under the current legal framework can promote the orderly development of the whole society,which is very important for the pursuit of the happiness of the whole human society.In the final analysis,the law regulates the behavior of artificial intelligence to meet the needs of human society.If a behavior can not only solve the problem well,but also bring more benefits,and does not violate the public order and good customs of human society,then this behavior should be permitted in law. |
