Research On Tort Liability Of Artificial Intelligence Automobile

In today's world has entered the artificial intelligence automobile era,artificial intelligence technology rapid development,high precision,high intelligence,high security of artificial intelligence automobile quietly penetrated into all areas of human life work,greatly improved the degree of comfort and convenience of people's life,however,because of its high intelligent,with artificial intelligence automobile infringement cases also emerge in endlessly,common occurance.Cases of ai vehicle infringement occur both at home and abroad.Compared with China,foreign laws,regulations and policies on ai vehicle infringement are more complete and specific,which can be used for reference in China.Throughout China's legal provisions on the infringement of artificial intelligence automobile is still relatively blank,mainly reflected in: first,when the infringement of artificial intelligence automobile itself can be the legal subject of independent responsibility;Second,the tort liability law lacks a proper claim basis in identifying the torts of ai vehicles.Third,there is no clear provision in the product quality law on whether the artificial intelligence automobile can be regarded as a product.Fourth,the road traffic safety law does not stipulate how to divide the liability when the infringement of road traffic accident happens to the artificial intelligence vehicle.Based on consideration of the above four issues,this paper in order to confirm whether artificial intelligence car with civil subject qualification,clarify the artificial intelligence automobile tort liability of the relationship between the main body,clearly different responsibility main body about the size of causal relationship between the burden of proof and shall be suitable for different imputation principle,with artificial intelligence automobile infringement case,it is concluded that artificial intelligence automobile product attributes,which determine the responsibility main body: designers,producers,sellers and users,Based on the tort liability law,product quality law,and road traffic safety law,the burden of proof,the principle of liability attribution,and the grounds for exemption from liability of each of the four parties in the infringement of artificial intelligence automobile are determined.Among them,the burden of proof of causality is allocated to the infringer in the occasion of infringement of artificial intelligence automobile,and the infringer can prove that it is not at fault.First,the burden of proof of causality of the infringed is reduced.Second,it is conducive to the construction of causality between tort and damage result.The final research result of this paper shows that the artificial intelligence automobile itself cannot assume the tort liability as the liability subject,but as the product object and the applicable laws regulating the object to share the liability between the tort subjects.When the fact of infringement appears,the burden of proof,the principle of imputation and the cause and effect exemption are applied to different subjects,so that the responsibility can be reasonably distributed.Among them,the imputation principle of artificial intelligence automobile tort must adhere to a basic principle,that is,the tort subject's personal fault is an indispensable basic element of tort liability.