人工智能时代对人格权法定主义的讨论

Discussion on the Legalism of Personality Rights in the Age of Artificial Intelligence

人格权法定主义是当前我国民法体系中对人格权的设定方式,兼具法定性与开放性。应对人工智能在现在以及将来对社会产生的诸多影响,采取人格权法定主义较为稳妥。因此,为规制人工智能这类新型技术,不应排除未来法律上进行人格权的拟制,法定主义优于非法定主义,通过人格权法定化是合理规范人工智能的有效路径。

Legalism of personality rights is a way of setting personality rights in the current civil law system in China, which is both statutory and open. In response to the many impacts of artificial intelligence on society now and in the future, it is safer to adopt the principle of legal personality rights. Therefore, in order to regulate new technologies such as artificial intelligence, it should not be ruled out that the legal imitation of personality rights in the future should be carried out. Legalism is superior to illegality. Legalization of personality rights is an effective way to reasonably regulate artificial intelligence.