Under the framework of the subject-object dichotomy model,the construction and operation of legal system are people-centered.The essential attribute of AI products,being artifacts after all,lies in their instrumentality.Although objec-tively AI product has intelligent system that is close to or even more sophisticated than human brain,this does not mean that it has the independent-to-be awareness and rational thinking ability that is unique to humans.So there is no realistic condi-tions for them to legislate for themselves,and it is impossible for them to achieve the subject status similar to that of the natural human being.The current achievements in subject status pursuing for the AI product seems to provide practical feasi-bility for giving the AI product such position.However,the incompatibility between the AI and the legal person in the sub-stantive and value elements determines that the AI product cannot obtain the subject position of legislator like the legal per-son,because as a tool of human society in essence,AI product should be treated as the object when dealing with legal rela-tions.
关键词
人工智能/主体资格/独立责任/意志能力
Key words
artificial intelligence/subject qualification/independent responsibility/will power
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