The nature of generative artificial intelligence and its products has not yet been defined by Chinese law, but with the popularity of ChatGPT, social attention is increasing.Clarifying the nature of generative artificial intelligence can provide a legal basis for the application and dissemination of technology.The generative artificial intelligence is fundamentally different from the human thinking mode, and it is necessary to analyze the normative problems in the use of it and its products.Generative artificial intelligence has the autonomy of human nondirect participation, and the establishment of copyright law is aimed at“people”, and the tool attribute does not exist because of autonomy.At present, generative artificial intelligence is neither a subject nor a tool, and it is too radical to easily break through the daily language boundaries of copyright law to specify a specific“person”for generative artificial intelligence. There has not been a systematic study on the division of its rights and obligations,and the law cannot demand that it be responsible.Therefore, the ownership of the rights of generative artificial intelligence products can not be directly attributed to specific legal subjects, but to the public domain and through the“attribution presumption”to regulate special cases, which can better reflect the legislative original intention of copyright law to encourage creation.