Abstract:
In the research on the legal subject status of artificial intelligence, the theory of fiction has shown theoretical superiority beyond the theory of subject object,The next stage of research needs to be oriented towards the philosophy of fiction, to examine the feasibility and inevitability of artificial intelligence as a legal subject system from the perspective of the legal subject system. The human-centered order pattern is the original gene of the legal subject system as a fictional construction. The “methodology” based on the analogy of “people” and the “teleology” of safeguarding human practical interests shape the outward representation of this gene and constitute an emerging legal subject, becoming the logical starting point for institutional construction. As a subject of legal fiction, artificial intelligence conforms to the methodological structure based on the “people” analogy, and can also satisfy the maximization of the positive function value of “efficiency/order” interests. It is a discovery after corrective exploration of the legal subject system oriented to the human-centered order pattern, a reasonable solution that is still feasible and an only solution that can be implemented. In practice, as the subject of legal fiction, artificial intelligence needs to abide by the necessary limits, and can follow the principles of equality, openness and scientific legislation to construct the establishment and termination system of artificial intelligence subject, supervisor system, property system, responsibility system and prevention and relief system.