Rethinking on Establishing the Legal Subject Status of Artificial Intelligence
As generative artificial intelligence gradually moves towards general artificial intelligence,its unique thinking and un-derstanding ability,the interactivity that opens up the boundary between virtual and reality,and the number of model parameters that develop to the scale of human brain make it be given the corresponding independent legal subject qualification at the legal level.At present,the theories of negation,agency and legal fiction put forward by scholars cannot be logically self-consistent,nor do they see the legal significance that should be given to the essential characteristics of the current development of artificial intelligence.Theoretical and legislative exploration is made from the guardianship theory,the intelligent actor is regarded as a person with limited capacity for civil conduct in the civil law,and the legal relationship between the intelligent actor and other multi-party subjects is handled by the right and obligation relationship between the guardian and the ward,which can fundamen-tally resolve the institutional impact brought by the emerging right subject on the multi-legal domain.To explore a certain forward-looking legislative model for the development of China's artificial intelligence industry.
artificial intelligencethe subject of lawlegal liabilityguardianship theory
万方数据
维普
