The expression of human emotions is the unique natural response of human organs,rather than the product of certain rules.The identification of a work should include the author's emotional expression.At present,generative artificial intelligence does not have the ability to express emotions,but is a weak artificial intelligence product with a higher level of intelligence.It cannot bear liability for infringement on its own,and its products do not belong to the work.With the continuous development of technology,emotional generative strong artificial intelligence products will one day be designed and put into use.Relevant laws should be improved in advance to meet the needs of generative strong artificial intelligence itself to take responsibility.In order to ensure the smooth progress of legal improvement,we should adhere to policy guidance and adhere to the principle of unity of legal order.The specific improvement path includes:firstly,affirming the dominant position of generative strong artificial intelligence as the author and the infringee;secondly,the position of generative strong artificial intelligence in criminal law should be clarified,and it should be affirmed that it may become both a criminal subject and a victim in criminal law;thirdly,establish exclusive punishment methods for generative strong artificial intelligence.
generative artificial intelligenceChatGPTproperty protection lawlegal order unification
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