Правовое регулирование сохранения культурных ценностей в рамках частного права в эпоху искусственного интеллекта

Abstract

Neither every dramatic change in ways of production and living, nor the renovation of cognition and culture in human history are not the result of science and technology revolution. Private law culture, important part of human organizational culture and legal culture, is based on humanity, freedom and equality, justice, order and harmony. Present Artifi cial intelligent revolution will not only change human way of living and developing, but also affect private law culture dramatically and destructively, which will affect human beings as a whole and may lead to devastating destroy to humans. Firstly, individuals become digital persons under two-tier space structure, under which self will not be an end, but a device and means to be used by humans. Humans and machines coexist, which promotes artifi cial machines to become subjects, to a great extent. The modern somatic technology may create somatic, emotional or intelligent supermen, furthermore, an inequality between supermen and normal humans will result in reifi cation and objectifi cation of the latter. Secondly, data hegemony may arise from the algorithms and data which are becoming resources, which will make natural persons lose privacy, personal lives, personal space and critical abilities, in the end, natural persons will become transparent ones, furthermore, freedom of the private law will be fading away. Thirdly, data decision-making replaces human decision-making, and algorithm equality replaces formal equality. However, the algorithm black box, the value deviation of built-in program code and deep learning of intelligent machines may lead to permanent prejudice and discrimination against subjects, giving rise to overused algorithm, completely challenge and deviate from fairness and justice that private law seeks for. Therefore, it is necessary to prevent the theories systems and rules the private law from losing cultural values so as to develop high technology, live up to the expectation of humans for a better life, and produce an orderly and harmonious society, which is an important goal of developing an intelligent society: First of all, humans are the main users of technology. The negative effect of technology application is based on perception and morality of human beings. The loss of private law cultural values, caused by the development and change of precaution technology, forces people to consider related perception and ethics, absorb various cultural values, maintain, uphold and advocate technological humanism, guide the development and practical application of artifi cial intelligence technology with ethical goodness, construct scientifi c humanism, and integrate science -technology and humanity. Secondly, the value of justice is relative and developing, which requires integrating the concept of data justice, code justice and algorithm justice into the value and basic principles, providing a new standard of justice for the freedom and equality of the private law, weakening and eliminating data hegemony and algorithm discrimination so that free value and equality of the private law will be recovered. Finally, Related concepts and principles must be included in systems and rules so that the private law subject system is reshaped, the private law subject status of intelligent robots is accepted completely or partly, and the subject-object confusion caused by human-computer symbiosis is removed. Moreover, the legal behavior system must be changed so that the civil subject’s online and offl ine behavior and man-machine collaborative behavior are integrated and standardized, and the potential risks of the harmonious private law order are eliminated. Furthermore, legal right systems are updated and restructured, so that legal attributes and uses of data and information are redefi ned or reorganized reasonably, and the protection of data, information and privacy are strengthened. Last but not the least, the basic imputation principle and causality of civil liability must be renewed so that the liability risks caused by human-machine coordination and the independent behavior of intelligent machines are distributed reasonably, and compensation systems are improved.