人工智能法律主体资格之否定

Denial of Legal Subject Qualification for Artificial Intelligence

摘要: 21世纪以来，人工智能技术迅速发展，我们从互联网时代迈向了更富有科技感的人工智能时代，人工智能技术使我们的生活更加便利，但随之也带来了一系列风险和挑战，引起了社会各界的广泛关注。针对人工智能所引发的法律问题，法学界围绕人工智能体是否具有法律主体资格这一问题展开了激烈的争论，主要有肯定人工智能法律主体地位、否定人工智能法律主体地位和有限支持人工智能法律主体地位三种观点。人工智能虽然具有很强的智慧性，但是其缺乏作为法律主体所必需的意志能力和责任能力，本质上仍然是物，不具有法律主体资格。

Abstract: Since the 21st century, AI technology has developed rapidly. We have moved from the Internet era to an AI era with a sense of science and technology. AI technology has made our life more convenient, but it has also brought a series of risks and challenges, which has aroused widespread concern from all walks of life. In response to the legal issues caused by artificial intelligence, the legal community has engaged in fierce debates about whether artificial intelligence agents have legal subject qualifications. There are mainly three views: affirming the legal subject status of artificial intelligence, denying its legal subject status, and providing limited support for its legal subject status. Although artificial intelligence has strong intelligence, it lacks the necessary willpower and responsibility as a legal entity, and is essentially still a thing without legal subject qualifications.