人工智能体执法并承担执法责任的可能性

The Possibility of AI agent Enforcing Law and Responsibility for Law Enforcement

人工智能体执法正成为数字法治政府建设的重要表现,将会对以人的行为作为逻辑底色而建构的法律秩序形成冲击。人工智能体或许可以拥有有限的法律人格及有限的责任能力,并为一般行为承担法律责任,但却可能面临执法权行使正当性与执法能力不足的困境。因此,人工智能体不适宜执法或行使公权力,只能承担事务性公务,其执行公务引起的责任可由人工智能体自身、供应商以及行政机关共同承担。

Artificial intelligence agent enforcement is becoming an important manifestation of the construction of a digital government by the rule of law.The enforcement of the law by artificial intelligence agent will have an impact on the legal order built on the logical basis of human behaviour.AI agent may be qualified to have limited legal personality and limited capacity for responsibility,and bear legal responsibility for their actions.But law enforcement by AI agent may face the dilemma of the legitimacy of the exercise of law enforcement power and the lack of capacity to enforce the law.Thus,AI agent is not suitable for enforcing the law or exercising public authority,but only for transactional affairs.The responsibility arising from the performance of its official duties can be shared by AI itself,the supplier and the administrative authority.