人工智能作为法律拟制物无法拥有生物人的专属性

Artificial Intelligence Cannot Be Possessed by a Biological Person as a Legal Entity

人工智能(即AI)不是法律主体的讨论,是AI作为客观存在进入和体现在法学、法律中的起点。法律主体的界定,不仅关系到"谁"有权利要求以主体的身份出现在法律的视野中,而且进一步看,这也关系到国家、社会和法律以何种态度对待该主体。人,或法律主体,依法拥有、使用、收益包括有体物、无体物的物权权利,而物作为法律客体的存在不享有此等权利。AI,鉴于其高度智能化的特征,其进入法律规范的身份地位是物,决定了其后与其有关的任何法律现象和难题的思考方式和解决路径。

Artificial intelligence（AI） is not a discussion of legal subject but the starting point for AI to enter and be embodied in law as an objective existence. The definition of the subject of law or legal person is not only related to ＂who＂ has the right to require to appear as the subject in the legal field, hut also related to the attitude of the state, society, and law in treating the subject. A person, or a legal subject, possesses, uses, and proceeds the right to property that has physical objects and intangibles according to law, but an object, as a legal object, does not enjoy such rights. AI, because of its highly intelligent characteristics, as an object in legal field, determines the way of thinking and solving any legal phenomena and problems related to it.