人工智能法律主体地位的困境与出路

The Dilemma and Way out of the Legal Subject Status of Artificial Intelligence

摘要: 近年来人工智能技术呈加速演进态势，明确其法律主体定位成为破解复杂人工智能法律议题的关键所在。本文探讨了人工智能法律主体地位的理论基础、现实需求、核心困境及出路。传统法律主体以意识、自由意志等为核心，而人工智能虽具自主性等特征却缺乏真正意识。现实中，人工智能引发的责任归属、权利认定等问题亟需法律回应。其核心困境在于意向性与自由意志缺失、工具理性的片面性、缺乏权利与责任能力。为此，本文提出构建法律拟制主体理论，建立责任承担机制并完善配套制度，主张采取渐进式路径，根据人工智能功能配置法律地位，以平衡技术发展与法律稳定。

Abstract: In recent years, artificial intelligence technology has accelerated its development trend, and clarifying its legal subject status has become the key to solving many legal problems of artificial intelligence. This paper discusses the theoretical basis, practical needs, core dilemma and way out of the legal subject status of artificial intelligence. Traditional legal subjects take consciousness and free will as the core, while artificial intelligence has the characteristics of autonomy but lacks real consciousness. In reality, issues such as responsibility attribution and rights identification caused by AI urgently need legal response. Its core dilemma lies in the lack of intention and free will, one-sided instrumental rationality, and lack of rights and responsibilities. Therefore, this paper proposes to construct the theory of legal fiction subject, establish the responsibility mechanism and improve the supporting system, and advocate the gradual path to allocate the legal status according to the AI function to balance the technological development and legal stability.