Research On Product Liability Of Artificial Intelligence Infringement

On the basis of the rapid development of computer science,internet,big data and other technologies in recent years,the research and application of artificial intelligence technology has set off a new climax.Artificial intelligence technology is also affecting people's traditional lifestyles while also affecting all aspects of people's lives.In the environment where human beings and artificial intelligence coexist,the occurrence of human damage caused by artificial intelligence products is inevitable,and a series of infringement problems caused by this are thought-provoking.With the development of artificial intelligence technology,new artificial intelligence products have been able to express their meanings independently.Can these traditional tort liability systems be applied when these products cause damage to others?The artificial intelligence products with the "independent will" first attracted the attention of scholars or experts.Its high autonomy caused certain impact on the traditional civil law subject theory.Some scholars have different opinions.Some scholars believe that these artificial intelligence products with "anthropomorphic attributes" should enjoy exclusive rights and obligations.The dissident scholars believe that the current civil law subject system should be adhered to,and the artificial intelligence products are still not separated from the attributes of the objects.Secondly,the principle of traditional fault liability is affected.The artificial intelligence products operate autonomously after being separated from the human control,which makes it difficult to apply the subjective fault elements of the tort liability to the controller.Since it is impossible to judge the cause of the infringement of the artificial intelligence product,it is difficult to regard it as a defective product,and to investigate the responsibility of the producer or the seller.Moreover,the complexity of artificial intelligencetechnology tends to increase the difficulty of victims' evidence,and it is difficult for victims' rights to be effectively protected.As far as the legal subject status of artificial intelligence products is concerned,artificial intelligence lacks the "personality" characteristics compared with natural persons or other legal subjects,and cannot be legal rights holders and obligations.Second,the ability of artificial intelligence is achieved by pre-entering the necessary data and setting the destination program.Artificial intelligence is a human tool from generation to use.It can be seen that it has not yet separated from the attributes of objects.On the other hand,for the particularity of artificial intelligence products,the theory of responsible subjects and the principle of imputation in the traditional infringement system are not applicable.This paper proposes to incorporate the designer and user into the main body of recognition responsibility when dealing with cases of artificial intelligence products causing human damage,and to expand the explanations for producers and sellers in order to solve the problem that the fault elements cannot be applied.Different responsible subjects apply different imputation principles,and the producers and sellers of artificial intelligence still apply the responsibility of no-fault liability,and apply the responsibility of missing the responsibility to the designers and users of artificial intelligence.In addition,by analyzing the excuses in the traditional infringement system,it is considered that the excuses should be applied in the case of artificial intelligence product infringement.