The legal problem of artificial intelligence in the theory layer corresponds to the philosophy of law, in which the subject, legal principle and other basic questions need to be discussed deeply in the philosophy of law. As a cognitive phenomenon, artificial intelligence itself cannot be the direct adjustment object of legal rules, that is, there is no basis for law.The subjectivity of artificial intelligence will bring about the dissolution of value attribute, which will cause the foundation of human social law to collapse.Further enlarging the gap of the basic structure of human society, artificial intelligence interferes with human society, brings about the transformation of basic values of human society, and changes the basic ability of equity and justice. It is necessary for the legal theory to respond to the problems such as the main body dissolving, social structure subversive,and the change of the concept of fairness and justice.