TITLE:
Analysis of the Legal Subject Status of Artificial Intelligence
AUTHORS:
Zhifeng Wen, Deyi Tong
KEYWORDS:
Artificial Intelligence, Legal Subject, Legal Fiction, Legal Person
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.1,
February
10,
2023
ABSTRACT: The large-scale application of artificial intelligence in social life has brought about new legal issues such as the attribution of rights and the definition of responsibilities. It is necessary to discuss whether artificial intelligence can be used as a legal subject. In view of the existing disputes on this issue, we need to re-examine it from the perspective of second-order observation. Human beings are the origin of the mechanism of the subject, possessing rationality and free will, and providing the source of value for the subject of law. Human beings are the original subject of law. In the process of substantiation, the legal subject is separated from the personality characteristics, and the legal person as the derivative legal subject appears. Artificial intelligence does not have the condition to become an original legal subject, but if it can meet the long-term fundamental interests of human beings as a legal subject, there is still the possibility of being formulated as a derivative legal subject.