In the era of data and intelligence,artificial intelligence(AI)is widely used to construct intelligent technology transaction systems composed of humans and non-human actors such as AI agent.The transaction structure presents distinct characteristics of digitization,virtualization,and intelligence,which exacerbates the complexity,non-linearity and chaos of contract conclusion,leading to difficulties in determination of algorithmic contract effectiveness and attribution of legal liability based on AI tool theory.Therefore,it is necessary to change our thinking and endow AI agent with limited legal personality,defining it as the agent of the parties involved.According to the agency legislation,in the process of contract formation through AI agent,a legal presumption method is adopted,based on the behavior of human beings using AI agent to determine the agency relationship between them.Once AI agent exceeds expectations,the principle shall bear the corresponding risk and responsibility,unless the degree of exceeding is too great to result in a serious imbalance of interests between both parties or obvious unfairness.In the benchmarks for determining the effectiveness of algorithmic contracts,the role of the principal's behavioral ability and true intention is weakened,and the expression of intention is mainly based on behavioral appearance.The defects in effectiveness involve person behind AI agent,counter-parties,third parties,as well as non-human actors such as AI of the contract parties or third parties.There are significant differences in the impact of defects from different actors on the effectiveness of algorithm contract.
关键词
生成式人工智能/人工智能体/非人行动者/缔约/数字代理法
Key words
Generative AI/AI agent/non-human actors/contracting/digital agency law
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