人工智能法律人格论批判及理性应对

人工智能技术的进步使得法学界兴起"人工智能法律人格论"。然而,意志只能来源于自然人而非机器,人工智能也无法独立主张权利和承担义务,因此人工智能无法享有法律人格。赋予人工智能法律人格可能会严重冲击现有法律制度,使得其沦为自然人逃避法律制裁的工具,甚至加剧奴役和压迫。面对人工智能技术,需要坚持人类唯一主体地位,在现有法律框架内处理责任承担问题,不得随意拟制法律人格,根据其技术含量采取前期引导、中期约束、后期干预的立法逻辑,理性应对人工智能技术带来的挑战。

Criticism of Artificial Intelligence Legal Personality Viewpoint and Rational Response

Advances in Artificial Intelligence technology have led to the emergence of AI’s Legal Personality Viewpoint. However, the will can only come from people rather than machines, and AI cannot claim rights and undertake obligations independently. Therefore, AI cannot enjoy legal personality. Giving AI legal personality can seriously impact the existing legal system, making it a tool for natural persons to evade legal sanctions, and even exacerbate slavery and oppression. In order to tackle with AI, it is necessary to adhere to the unique subject status of human beings, deal with the responsibility of responsibility within the existing legal framework, and not to formulate legal personality arbitrarily, and adopt the legislative logic of early guidance, medium-term restraint and late intervention according to its technical status, and rationally respond the challenges posed by AI.