人工智能法律主體論的法理反思

Legal Reflection on the Theory of AI Recognized As a Legal Subject

法律主體乃是人從自然人變為社會人的必然產物，是人與人之間及人與社會之間的關係，需要且必須由法律來調整的結果。法律主體是一種人格人，其特徵有三：（1）具有意志；（2）屬於目的性存在；（3）能夠自律。人格人既是法律的創造者，又是法律的適用者。因而，法律主體可以定義為承載法的人格人。法人同樣具有自己的獨立意志，乃是一種目的性和自律性的存在物，屬於法律主體。人工智能與法人不可相提並論。人工智能不具備心理認知意義上的意志，它自身並非是一種目的性存在物，且不具有自律性，人工智能無法承載法。從後果主義上看，人工智能法律主體化勢必會給人類帶來不堪承受之重。

"The legal subject is the inevitable product of man' s transformation from natural man to social man. Meanwhile, the subject of law is such a result that the relationship between man and man and between man and society need and must be regulated by law. Legal subject is a kind of Personen, which has three characteristics: (1) with an own will; (2) purposeful being and (3) self-disciplined. Personen is not only the creator of law, but also the applicator of law. Therefore, the subject of law can be defined as the Personen who carries the law. Legal person also has its own independent will, which is a purposeful and self-disciplined existence, belonging to the legal subject. Artificial intelligence and legal person are not in the same league. Artificial intelligence does not have the will in the sense of psychological cognition. It is not a purposeful existence and self-disciplined. Artificial intelligence does not have the ability to make the law work. From the perspective of consequentialism, the legal subjectification of artificial intelligence will bring an unbearable burden to human beings."