人工智能自主交易行为的私法规制

Private Law Regulation of the Autonomous Trading Behavior of Artificial Intelligence

人工智能具备电子法人地位,在特定领域内实施自主交易行为,视为具有相应的民事行为能力,可以对外形成真实的意思表示,具备行为合法有效的可能性。人工智能超越特定领域的行为效力待定,需由法定代表人代为或者追认,法定代表人的确定应当根据不同阶段进行动态调整。在人工智能自主交易行为的法律责任上,存在预期违约责任与违约责任两种类型,原则上以拥有独立财产的人工智能自身为责任承担主体。因为人工智能的技术特点,除了财产赔偿方式,还可以针对人工智能本身设置修正程序、删除数据、强制销毁等专属承担方式。

Currently,artificial intelligence has been effectively involved in social activities and the implementation of autonomous transactions,and the issue of the validity and legal liability of its actions has received widespread attention.Artificial intelligence has the status of an electronic legal person,implements autonomous transactions in a specific field,and is regarded as having the corresponding capacity for civil conduct,can form a true expression of intention externally,and has the possibility of legal and effective behavior.The behavioral effect of artificial intelligence beyond a specific field is to be determined,and it needs to be represented or ratified by a legal representative,and the determination of the legal representative should be dynamically adjusted according to different stages.In terms of the legal liability for the autonomous trading behavior of artificial intelligence,there are two types of liability:anticipatory breach of contract and breach of contract,with the artificial intelligence itself,which has independent property,being the subject of liability in principle.Because of the technical characteristics of artificial intelligence,in addition to property indemnification methods,there are also exclusive ways to assume responsibility for artificial intelligence itself,such as setting up correction programs,deleting data,and forcing destruction.