Research On Tort Liability Caused By Artificial Intelligence

Artificial intelligence has attracted much attention in the past two years.It has provided great convenience for people’s production and life: self-driving cars have brought us convenient bus services,and industrial robots have alleviated the heavy and boring workload of workers.While revolutionizing the world and changing human life,artificial intelligence has also brought new challenges to the law,and they are not absolutely safe.The number of accidents caused by artificial intelligence has increased,and the infringement caused by artificial intelligence has caused the attention of the legal profession in the past two years.Because there is no clear system regulation on the infringement liability of artificial intelligence caused by artificial intelligence,the purpose of this paper is to explore the subject and responsibility of tort liability for artificial intelligence damage based on the reference of foreign related systems.Legal issues such as the distribution of responsibilities.In addition to the introduction,this article is divided into four parts.The first part is an overview of the tort liability of artificial intelligence causing damage,which is divided into three parts.The first part mainly discusses the definition and development of artificial intelligence,and elaborates on the meaning,type,development history and risks brought by human society.Artificial intelligence(AI)is a new technical science that studies and develops theories,methods,techniques,and applications for simulating,extending,and extending human intelligence.It includes both tangible smart machines and intangible systems and technologies.The artificial intelligence discussed in this paper refers to tangible intelligent machines.The second part is the definition of artificial intelligence to damage the tort liability and its typical situation.This part is divided into three sections.It mainly discusses the meaning and characteristics of artificial intelligence causing infringement liability and the typical situation that artificial intelligence causes damage to infringement liability.The third part is the dilemma encountered by artificial intelligence in infringement liability under the traditional tort law.Because artificial intelligence causes damage to a series of characteristics such as high autonomy and low predictability,artificial intelligence causes damage to infringement liability.Under the traditional tort law,it faces many difficulties.The second part is the development and inspiration of artificial intelligence to damage the tort liability system abroad.Through the comparison of the United States,the United Kingdom,and the European Union on the system of damage caused by artificial intelligence,the author draws the enlightenment of foreign artificial intelligence to damage liability system.China can consider innovative tort liability system suitable for artificial intelligence;actively explore the special legislation of artificial intelligence infringement;use the existing system to deal with some artificial intelligence infringement disputes.For example,only the artificial intelligence that meets the safety inspection standard can be put into use,so that it can be clearly judged whether it is the product responsibility of the producer;if the user of the artificial intelligence has carried out the safety inspection and qualification of the artificial intelligence,in the event of an accident,the producer is still Responsibility may cause unfairness,then you can consider solving the problem of artificial intelligence responsibility distribution through the insurance system.The third part is the subject of tort liability caused by artificial intelligence,which is mainly divided into three parts.The first part is about whether artificial intelligence can be regarded as the subject of tort liability.By comparing and analyzing the different views of the academic community on whether to give artificial intelligence legal personality-affirmative and negative,then clarify the artificial intelligence legal personality problem Weak artificial intelligence does not have legal personality,strong artificial intelligence should not give its legal personality conclusion;the second part is the theoretical basis of artificial intelligence to damage the subject of tort liability,and expounds that artificial intelligence can damage the tort liability.Product liability and alternative liability theory;the third part is the definition of artificial intelligence to damage the subject of infringement liability.Through the negation of artificial intelligence legal personality,it is inferred that artificial intelligence is not the responsible subject of tort liability,and then on this basis,the main issues of product liability and alternative liability are discussed.The fourth part is the identification and commitment of artificial intelligence to damage the tort liability.First of all,in the identification of artificial intelligence to damage the tort liability,the identification of product defects in product liability is the most important.Through the discussion of manufacturing,design,and warning defects,it is concluded that theartificial intelligence has product defects;the determination of the alternative liability is determined by the employer’s substitute responsibility for the staff.Secondly,on the issue of the artificial intelligence causing the infringement liability of the infringement liability,the exemption of the product liability of the producer and the exemption of the user(employer)are respectively discussed.Finally,for the problem of the distribution of responsibility among different responsible subjects in the case of artificial intelligence causing damage,the three types of liability,such as joint liability,joint liability and liability,are used to damage the artificial intelligence.Under the responsibility of the product,the producers and sellers of artificial intelligence are not really responsible for the relationship;the artificial intelligence industry supervision department and other responsible persons bear joint responsibility;the producers bear the share according to the market share.responsibility.