Oriental Law is a core journal of high-end legal theory jointly sponsored by Shanghai People's Publishing House and Shanghai Law Society. The "CI Value of the Impact Index" of legal journals published in the Annual Report on the Impact Factor of Chinese Academic Journals (Humanities and Social Sciences) has continuously ranked among the best in Oriental Jurisprudence.
With the academic mission of law and the world, the dissemination of the sun in the East and the world, the pursuit of innovation and development and the inheritance of classics, and the editorial standards of excellence and perfection, Oriental Jurisprudence has made rapid progress and has won wide acclaim and significant academic influence. "Eastern Jurisprudence" is now a source journal of Chinese Social Sciences Citation Index (CSSCI), a source journal of China Law Core Research Evaluation (CLSCI), a Chinese core journal of and social sciences (A journal), a national Chinese core journal, an RCCSE China core journal, an important reprint source journal of "Copying Newspaper and Periodical Materials", the 6th and 7th Excellent Journals in East China, and its "Metaverse Rule of Law" on the basis of its "Smart Rule of Law" column being rated as an excellent journal in East China The column was selected into the list of the first batch of key columns of philosophy and social science journals of the Propaganda Department of the CPC Central Committee.
Table of Contents, Issue 3, 2024
(Special Issue on the Rule of Law for Humanoid Robots)
Foreword
Juche theory
A philosophical reflection on the body structure of humanoid robots
Zheng Zhihang
On the legal status of humanoid robots
Sun Shan
On the criminal subject status and attribution of humanoid robots
River Ocean
Theory of Rights
On the duty of care of humanoid robot users
Ningyuan
Consumer protection mechanisms for humanoid robot services
Kodak
Privacy risks and legal responses to embodied agents
Wang Yuan
Theory of responsibility
Determination of liability for autonomous infringement of humanoid robots
Xie Lin
The dilemma of the accident liability system for humanoid robots and its response
Shen Weiwei
On the Criminalization of Criminal Law in the Governance of Humanoid Robots
Wang Huawei
Governance Theory
On the basic structure of legal governance of humanoid robots
Li Sheng
On the Modular Governance of Artificial Intelligence
Zhang Xin
Human-computer interaction model change and governance response
Shang Qixue
Manipulation Risks and Normative Approaches of Humanoid Robots
Lin Huanmin
Embodied intelligence on data security risks and criminal law responses
Liu Shuangyang
A re-examination of the principle of purpose of data processing for humanoid robots
Wanfang
Foreword
In September 2023, General Secretary Xi Jinping pointed out during his inspection in Heilongjiang that it is necessary to integrate scientific and technological innovation resources, lead the development of strategic emerging industries and future industries, and accelerate the formation of new quality productivity. Technological innovation can give birth to new industries, new models and new kinetic energy, and scientific and technological innovation led by the development of artificial intelligence is the core engine that empowers new quality productivity. The 2023 Central Economic Work Conference clearly put forward the goal of "accelerating the development of artificial intelligence", and the Ministry of Industry and Information Technology of the People's Republic of China laid out future industries in advance in accordance with the requirements of the central government, opened up new tracks such as humanoid robots, and issued the "Guiding Opinions on the Innovation and Development of Humanoid Robots", laying a policy foundation for the future scientific and technological development and industrial development in this field. This year's government work report lists "accelerating the development of new quality productivity" as the top ten tasks in 2024.
In the face of a new round of scientific and technological revolution and industrial transformation, especially on the eve of large-scale commercial use of humanoid robots, legal research must respond to a series of cutting-edge legal issues such as whether humanoid robots have the status of legal subjects and the rights and obligations of users through forward-looking research, and give academic insights that can be used for reference on the safety, ethics and governance of large-scale commercial use of humanoid robots. To this end, we have specially planned this special issue of "Humanoid Robot Rule of Law", and invited outstanding young "new authors" from the "2023 Top 100 Scholars of the Smart Rule of Law Academic Community" who have not yet published their works in "Eastern Jurisprudence" to write 15 special articles on the rule of law of humanoid robots from different perspectives such as subjectivity, rights, responsibility and governance theory, and put forward high-quality legal academic views. It is believed that these theoretical achievements based on the long-term attention to the smart rule of law, especially the keen insight into the rule of law of humanoid robots, will help lead the research, discussion and controversy in the legal community on the new technologies such as humanoid robots to generate new productivity and new needs for the rule of law, and then promote the attention, thinking and investment in governance of the technical and industrial circles.
Adhering to the same frequency and resonance with the times, focusing on the frontier fields of law, promoting innovative research on China's rule of law practice, and serving the central work of the Party and the country are the original intentions of Oriental Jurisprudence. As a young academic journal, Oriental Law pays close attention to new trends, new issues and new agendas in the development of law, constantly discovers, cultivates and expands the group of outstanding young authors, and strives to create an academic platform for young legal scholars to display their academic talents, promote academic innovation, and realize academic service to the country. We sincerely hope that the majority of legal workers will work with Oriental Jurisprudence to thoroughly implement the new development concept, serve scientific and technological innovation and economic and social development with high-quality academic production, have the courage to act as the vanguard and pioneer of the exploration of smart rule of law, tell the story of China's smart rule of law, spread the voice of China's smart rule of law, lead the system production in the digital era with new ideas, new theories and new practices of smart rule of law, defend human well-being with the rule of law, and defend peace, development, fairness, justice, democracy, The common value of freedom for all mankind makes the development of science and technology truly contribute to the construction of a community with a shared future for mankind.
Jiang Ping, Director of the Editorial Board of Oriental Jurisprudence
Juche theory
1. Philosophical reflection on the body structure of humanoid robots
Author: Zheng Zhihang (Professor, School of Law, Shandong University, born in August 1983)
Abstract:Humanoid robots not only require human intelligence, but also must have human-like bodies, so as to shape a general artificial intelligence with a physical form. The human body is not only a physical form in the biological sense, but also an important field for the emergence of all human perceptions and inner spirits, and it is also the basic node of the formation of social relations. The body and spirit are the core foundation for the formation of human subjectivity. The human body participates in cognitive activities by exerting its perceptual abilities and motor experiences, and carries out social activities by completing conscious or unconscious actions. The human body, the non-spiritual elements associated with the body, and the human spirit are all inseparable and unified. The essence of humanoid robots is the imitation of human bodies and the imitation of human behavior. Imitating the form and function of "man", which has developed naturally over millions of years, through technological means will lead to the alienation of the concept of "man". This process severs the unity of body and spirit, and there are a series of risks such as the unity of people's cognition of others, the abuse of technology, and the human rights crisis. The development of the humanoid robot industry must abandon the concept of technology neutrality and attach importance to the value of "human form" in the rule of law.
Keywords: humanoid robots, mind-body monism, dignity, legal naturalization, general artificial intelligence, subjectivity
2. On the legal status of humanoid robots
Author: Sun Shan (Associate Professor, School of Civil and Commercial Law, Southwest University of Political Science and Law, Doctor of Law, born in April 1983)
Abstract:In recent years, the rapid development of artificial intelligence has greatly promoted the commercialization process of humanoid robots, and humanoid robots have become a new outlet for industrial development. In contrast, research on the legal status of humanoid robots has only just begun. The embodiment of humanoid form, the decisions and content generated in an emergent manner, these two basic characteristics give rise to legal problems unique to humanoid robots. Identifying humanoid robots as legal subjects not only does not conform to traditional jurisprudence and the logic behind its evolution, but also violates the purpose of legislation, and will lead to a systemic existential crisis in human society. Humanoid robots are generally controllable objects of legal risks, as well as objects of rights with high ethical risks and technical risks, which require special legal regulation. The anthropocentric position is a rational premise for us to clarify the relationship between humans and humanoid robots.
Keywords: humanoid robots, artificial intelligence, embodiment, anthropocentrism, subjectivity, objects
3. On the criminal subject status and attribution of humanoid robots
Author: Jiang Haiyang (Assistant Researcher, Shandong University Law School, Doctor of Law, born in June 1992)
Abstract:With the development of general artificial intelligence (AGI) technology, AGI-empowered humanoid robots are becoming the key development direction of future science and technology. In view of the fact that the AGI "brain" carried by the humanoid robot has the technical characteristics such as the ability to complete unfixed tasks, the ability to adapt, and the ability to emerge, and its "humanoid" appearance makes it more social, whether to give the humanoid robot the qualification of criminal subject has become a theoretical hotspot again. The ontological gap between humanoid robots and humans is narrowing, and their function and appearance make them participants in human social interaction, and the punishment of them has practical effects, but also helps to fill the loopholes of responsibility and promote innovation, so they should be given criminal subject qualifications. The criminal attribution of humanoid robots can be divided into three modes of attribution, in which the determination of the duty of care of the developer or user should be based on the value orientation of focusing on innovation, guided by relevant laws and regulations, written technical standards and industry technical practices, and adopting a risk-based approach. The determination of criminal intent of a humanoid robot should be based on whether it is out of the control or discipline of the developer or user.
Keywords: general artificial intelligence, humanoid robots, free will, human ontology, functional responsibility, criminal subject qualifications
Theory of Rights
1. On the duty of care of humanoid robot users
Author: Ning Yuan (Distinguished Associate Researcher, Wuhan University Law School, Doctor of Law, born in September 1992)
Abstract:The application and popularization of humanoid robots will generate the risk of harm caused by the use of humanoid robots, and raise the question of whether users should bear the duty of care. The user is the direct controller of the humanoid robot, and should set a duty of care that matches its risk management and control capabilities to ensure the safety of intelligent social communication, maintain people's subjective identity and community identity, and achieve dynamic interest balance. The duty of care of humanoid robots includes the obligation of reasonable instruction, the obligation of reasonable operation and the obligation of process management, and the establishment of the duty of care needs to meet the three elements of the necessity of performing the obligation, the foreseeability of the damage, and the avoidability of the damage. Due to the limited and dependence of the user on the humanoid robot, the failure of the humanoid robot manufacturer or the artificial intelligence provider to perform the necessary assistance obligation for the risk of damage should be the reason for the exemption of the user's duty of care, so as to prevent the user from assuming the duty of care beyond his or her ability to control.
Keywords: humanoid robot, duty of care, social interaction safety, subjective identity, exemption from cause, tort liability
2. Consumer protection mechanism for humanoid robot services: from the perspective of "trust control" risk
Author: Kodak (Distinguished Associate Researcher, School of Economic Law, East China University of Political Science and Law, Doctor of Law, born in December 1994)
Abstract:Humanoid robots are highly anthropomorphic in terms of intelligence level, static and dynamic physical features, and their virtual interpersonal relationships constructed on the basis of mutual trust between software and hardware, and brain-body collaboration can provide enhanced trust that shows intimacy. However, the enhanced trust of humanoid robot services does not improve the weak position of consumers in general, but also strengthens the trust control risks of consumers, such as improper trust matching, implicit trust directionalization, and trust distortion. In the traditional consumer protection law, it is difficult to fully protect consumers in the notification obligation of business operators, agile governance of artificial intelligence based on risk classification, and the development risk defense of product liability. In order to deal with the risk of trust control, it is necessary to emphasize the consumer appropriateness of "the seller is responsible and the buyer is responsible" as the core, and the hierarchical access of humanoid robot services and consumers should be constructed based on ethics and safety, and on the basis of hierarchical access, operators should be required to perform the suitability matching and monitoring and adjustment obligations of consumers during and after the event. In addition, the defense of the development risk of the tort liability of humanoid robot services should be improved through the "termination of the guarantee obligation", which should be mainly based on the degree of autonomy of the parties in the service process between the consumer and the humanoid robot.
Keywords: humanoid robots, consumer protection, trust control, suitability obligations, artificial intelligence
3. Privacy risks and legal responses of embodied agents: A case study of humanoid robots
Author: Wang Yuan (Lecturer, School of Law, Southeast University, Doctor of Law, born in October 1988)
Abstract: Embodied agents combine artificial intelligence and robotics, and it would be one-sided to discuss the threat to privacy of either technology alone. The embodiment, interactivity, and emergence-based characteristics of embodied agents demonstrate their powerful interaction and action capabilities, which bring unprecedented new challenges to privacy and data protection. On the one hand, embodied intelligent bodies can invade private spaces, record private activities, and imperceptibly collect and process private information, on the other hand, the combination of autonomous decision-making and autonomous actions can cause real harm and infringe on users' personal and property rights and interests. Existing privacy and data protection rules revolve around information control, and the generation and emergence of embodied agent data, combined with the ability to cause actual harm, not only leads to the failure of personal information control mechanisms, but also may make accountability impractical. In order to address these challenges, in addition to weakening the role of individual consent in existing data laws, it is also necessary to embed the concept of data protection in AI legislation, strengthen the responsibilities of regulators and designers, especially prohibit the market application of general-purpose embodied intelligence, and establish the principle of "privacy and data protection by design" to clarify the responsibility of designers.
Keywords: embodied intelligence, artificial intelligence, humanoid robots, privacy, data protection, responsibility
Theory of responsibility
1. Determination of liability for autonomous infringement of humanoid robots
Author: Xie Lin (Associate Professor, Sun Yat-sen University Law School, Doctor of Law, born in October 1984)
Abstract:Due to the unexplainable, unpredictable and adaptive nature of artificial intelligence systems, it is difficult to determine the autonomous tort liability of humanoid robots. Humanoid robot autonomously causing damage to humans is a high-risk field of artificial intelligence, and the humanoid robot provider should bear product liability and fulfill the obligation to ensure product safety and controllability; the large model provider only needs to perform the obligation of full transparency and inform and bear joint tort liability with the humanoid robot provider; the humanoid robot user must use the product correctly according to the instructions, and the tort liability borne by the humanoid robot should not deviate too much from the original type. By establishing information disclosure, rebuttable fault and causal presumption in a hierarchical manner, it is no longer required that fault and causation have a one-to-one correspondence, so that victims can obtain fair relief while taking into account industrial development.
Keywords: humanoid robot, autonomous infringement, tort liability, large model, fault, presumption of causation
2. The dilemma and response of the accident liability system of humanoid robots
Author: Shen Weiwei (Associate Professor, School of Law, China University of Political Science and Law, Doctor of Law, born in March 1985)
Abstract:With the increasing popularity of humanoid robots, the accidents caused by them continue to challenge the existing accident liability system. Through the analysis and typology of humanoid robot technology, it can be seen that due to the influence of factors such as multiple development subjects, machine learning algorithms, and human-machine mixed control, the accident causes, behavior determination, responsibility distribution, and relief measures of humanoid robot accidents have become quite complex, which brings great challenges to the traditional accident liability system. Based on the analysis of humanoid robot technology and accident legal liability system, the traditional accident liability system can only deal with a small number of accident types with clear faults, and it will be difficult for the traditional accident liability system to continue to apply for most humanoid robot accidents. In order to cope with these challenges, the mainland should build a special liability system for humanoid robots, with humanoid robot manufacturers as the least cost avoiders, and at the same time introduce exemption mechanisms such as technology havens according to different scenarios such as factories, medical care, home furnishings, and logistics, in order to seek a new balance between legal regulation and industrial development.
Keywords: humanoid robot, human-machine hybrid control, artificial intelligence, machine learning algorithm, accident liability system, exemption mechanism
3. On the imputation of criminal law in the governance of humanoid robots
Author: Wang Huawei (Assistant Professor, Peking University Law School, J.D., born in August 1991)
Abstract:With the rapid development of robotics and artificial intelligence technology, the application scenarios of humanoid robots as embodied intelligence have gradually broadened, and at the same time, multiple and complex security risks and criminal law attribution problems have also been formed. Theoretically, there are four modes of criminal law attribution, namely, agency liability, negligence liability, strict liability, and independent liability, each with its own advantages and disadvantages. Except for strict liability, the rest of the models can be integrated into the scenario-based criminal law attribution system. In the current development stage of artificial intelligence, the traditional criminal law doctrinal principles can deal with most of the problems of robot criminal law attribution, but the principles of tolerable risk and trust should also be deduced and developed under new technical conditions. Depending on the future technological progress, from the perspective of functionalism, the possibility of conditionally affirming the status of the independent responsible subject of intelligent humanoid robots can be considered in the future. The criminal law attribution system for humanoid robots should be coordinated and open to the normative evaluation of other legal orders and the discussion of ethical standards for robots.
Keywords: humanoid robot, artificial intelligence, application scenario, security risk, criminal law attribution, robot ethics
Governance Theory
1. On the basic structure of legal governance of humanoid robots
Author: Li Sheng (Professor, School of Law, Ocean University of China, born in October 1982)
Abstract:Humanoid robots have cross-scenario versatility and can cooperate with humans in a variety of scenarios, and may form a human-computer symbiotic society through comprehensive application. In a human-machine symbiosis society, legal governance should go beyond the design of specific scenarios and form a more general structure. The characteristics of humanoid robots applied across scenarios in terms of situational awareness and emotion recognition determine that the legal governance of humanoid robots is different from that of robots in the general sense. Based on this, the basic structure of legal governance of humanoid robots is designed, and a reasonable incentive mechanism is formed to balance technological development and social risks.
Keywords: humanoid robot, legal governance, situational awareness, emotion recognition, responsibility allocation, risk prevention
2. On the modular governance of artificial intelligence
Author: Zhang Xin (Associate Professor, School of Law, University of International Business and Economics, Juris Doctor, born in October 1987)
Abstract:The artificial intelligence body is composed of the control end, the perception end and the action end. On the control side, although the large model acts as the "intelligence engine" of the agent, there is still a "machine illusion", and the content generated by it is exposed to the risk of timeliness and reliability. The algorithmic bias of large models may also exacerbate the bias of agents in decision-making. On the sensing side, the multi-modal perception capability of agents increases the risk of personal privacy infringement and poses a challenge to the personal information protection system. The interaction between multi-agent systems can lead to unpredictable, complex, and dynamic systemic security risks. On the mobile side, the interactive learning mode of the embodied agent can lead to comprehensive, intrusive privacy risks. The embedded and mediated deployment of agents will have a profound impact on human subjectivity. Its highly customized deployment features will also face challenges with AI alignment. Facing the characteristics of the industrial chain of "agent as a service", a modular governance framework from the basic model to the basic agent should be established. For specific high-risk scenarios, precise governance mechanisms should be explored. In view of the ecological characteristics of artificial intelligence bodies, efforts should be made to promote interactive governance.
Keywords: artificial intelligence, general artificial intelligence, artificial intelligence governance, modular governance, large model, precise governance
3. Human-computer interaction mode change and governance response: A case study of humanoid robots
Author: Shang Xixue (Associate Professor, School of Criminal Justice, China University of Political Science and Law, Doctor of Law, born in December 1987)
Abstract:The emergence of humanoid robots has made the output of artificial intelligence move from the virtual digital world to the real physical world, thus promoting the evolution of the human-machine symbiotic state. Humanoid robots with emotional agency and behavioral agency functions break through the traditional human-computer interaction mode, especially the human-computer emotional interaction blurs the boundary of human-computer subject status, and provides realistic support for the subject positioning of embodied agents. The new interaction ecology subverts the previous technical model and theoretical paradigm of human-computer interaction, and has an impact on the traditional "human-centered" human-computer interaction thinking. Based on the human-computer inter-embedding at the technical level and the emotional compensation at the social level, the normative governance measures for embodied agents should be distinguished from the two dimensions of behavioral agency and emotional agency, and theoretical and institutional preparations should be made in stages for the present and the future following the pace of technological development, so as to finally build a human-machine trust ecology of a virtuous circle in the intelligent era around the overall human-computer interaction relationship.
Keywords: human-computer symbiosis, humanoid robot, human-computer interaction, model change, governance paradigm, human-machine trust ecology
4. Manipulation risks and standardized approaches of humanoid robots
Author: Lin Huanmin (Associate Professor, School of Law, Central University of Finance and Economics, Doctor of Law, born in March 1988)
Abstract:With the support of artificial intelligence large language model technology, humanoid robots with anthropomorphic appearance will have the ability to manipulate, which may lead to problems such as restricting people's self-growth, misleading the socialization process, and distorting family ethics. The risk management approach is a cost-benefit analysis method that is difficult to assess and classify and is not a good solution for adjusting the activities of humanoid robots. Humanoid robots have the dual attributes of specialized technology and enabling technology, the former means that research and development activities must be carried out with the help of scientific and technological ethics, and the latter requires full attention to the complex governance needs of different application scenarios. For the regulation of the R&D activities of humanoid robots, the ethics of science and technology should be appropriately codified, the emotional computing ability of humanoid robots should be controlled in advance, and risks such as excessive manipulation of the design should be avoided. For the regulation of humanoid robot application activities, on the one hand, we should make full use of the abstract rights and obligations tools of the legal system, such as the right to know, the right to manual communication, and the obligations of human supervision, safety and stability, etc., to respond to the normative problems caused by massive application scenarios, and on the other hand, we should leave the necessary space for regulations and policies, and realize the collaborative governance of AI-enabled applications with the help of compliance certification, regulatory sandbox and other systems.
Keywords: humanoid robot, manipulation effect, specialization in technology, empowerment technology, ethics of science and technology, human communication rights
5. Data Security Risks of Embodied Intelligence and Criminal Law Response: A Case Study of the R&D and Application of Humanoid Robots
Author: Liu Shuangyang (Lecturer, School of Criminal Justice, China University of Political Science and Law, Doctor of Law, born in August 1993)
Abstract:The embodiment of artificial intelligence means that the virtual space shaped by the code of artificial intelligence enters a more complex real world, with strong environmental perception, cognitive interaction, intelligent decision-making, and action control capabilities, and all of this relies on large-scale and diverse data processing activities to support, and the development and application of humanoid robots have also given rise to data control security risks and data utilization security risks. As an important means of data security governance, the criminal law shall introduce the rules for the classification and hierarchical protection of data established by the precedent law to guide the improvement of legislation and judicial determination of data crimes, and control personal information security risks in the field of embodied intelligence throughout the entire process by criminalizing the negligent disclosure of personal information and the illegal alteration, destruction, or abuse of personal information; Provide important data crimes and adjust the criminalization standards for acts infringing on important data, and highly prevent important data security risks in the field of embodied intelligence. Embodied intelligence service providers in the position of data security guarantors are the first responsible entity to prevent and resolve data security risks at the source, and have the obligation to protect embodied intelligence data security, and should judge the possibility of avoidance of the consequences in turn, and reasonably determine the boundaries of criminal liability for inaction when the embodied intelligence service provider neglects to perform data security protection obligations.
Keywords: embodied intelligence data security risk data classification and grading humanoid robot service provider inaction responsibility
6. Re-examination of the principle of the purpose of data processing of humanoid robots
Author: Wan Fang (Professor, School of Law, Beijing University of Foreign Chinese, Doctor of Law, born in August 1984)
Abstract:The demand for data in the humanoid robot industry has expanded dramatically, making it more difficult to predict the purpose of processing information in advance. The more complex industrial chain and more diverse scenarios also bring new challenges to regulation. The increasingly uncertain purpose of processing personal information, the lack of rules for the secondary use of personal information, and the different criteria for judging the purpose principle require a systematic review of the purpose principle. Translating law directly into code is fraught with challenges. It is an important way to grasp the balance between supportive structure and adaptive rheology in a society with rapid technological change.
Keywords: Purpose principle, humanoid robot, personal information protection, standardization, scenario-based, new quality productivity