Research On The Tort Liability Of Artificial Intelligence

The civil liability involved in artificial intelligence is usually manifested in the tort liability caused by artificial intelligence robots,driverless cars and other infringements of citizens' personal or property rights.In this regard,can the current legal system be effectively regulated? Further,is this kind of infringement specific and does it no longer apply to the traditional civil liability system? This is a real problem that artificial intelligence technology applications cannot avoid.The special representation of artificial intelligence can be summarized as its very complex "anthropomorphic attribute".This attribute is embodied in the following aspects: First,it has an externally visible physical form,which is the direct carrier of artificial intelligence affecting the outside world;Second,it relies on algorithms,code and information sensing technology.It has the ability to capture,analyze,exchange,update and process huge databases.It is almost free of human control and shows a high degree of autonomy.Third,it is large.Data,algorithms,machine learning,neural networks and other technologies are the dominant technologies.They have the ability to continuously learn new knowledge,complete the continuous learning,accumulation and promotion of the artificial intelligence system itself,complete the continuous “ deep learning ” process,and achieve self-adjustment.To adapt to changes in the environment.The article analyzes and studies the issue of artificial intelligence infringement liability from five parts.The first part of the article mainly introduces the concept and background of artificial intelligence.Artificial intelligence was proposed in 1956 by John McCarthy,assistant professor of mathematics at Dartmouth College,USA.It is a research,development,theory,method,technology,and application system for simulating,extending,and expanding human intelligence.The new technical science of the door.Artificial intelligence is different from intelligent robots,because intelligent robots are just one of the many carriers of artificial intelligence.Therefore,artificial intelligence can be regarded as an algorithm-led hardware processing system.Inaddition,the first part also elaborates on the general theory of artificial intelligence infringement attribution,including artificial intelligence animal theory,artificial intelligence subject theory,artificial intelligence instrument theory and artificial intelligence product theory,and then lists the four most common types of artificial intelligence infringement.Including artificial intelligence medical damage infringement,driverless car infringement,network infringement,artificial intelligence product infringement.The artificial intelligence infringement has brought unprecedented challenges to the current tort law,such as the issue of the status of artificial intelligence civil subject and the identification of artificial intelligence tort liability.Many problems are waiting for us to solve and realize the adaptation of law to social progress and technological development.The second part of the article mainly describes the current status of the definition of the subject of artificial intelligence infringement.Among the many challenges of artificial intelligence infringement,there is a core problem that runs through it,that is,the legal status of artificial intelligence.The key to this question is whether artificial intelligence can bear legal responsibility independently? If not,the resulting distribution of responsibility among developers,producers,sellers,and users.The second part also talks about the challenge of artificial intelligence to the theory of civil subject,and further analyzes the legal status of artificial intelligence.The author introduces various theories about the legal status of artificial intelligence from abroad and in China: artificial intelligence personality negation,artificial intelligence personality affirmation and artificial intelligence personality compromise.After discussion and analysis,the author agrees that the status of artificial intelligence civil law is artificial personality.Artificial intelligence is still a product,a product,and does not have an independent legal status.The third part of the article mainly describes the investigation of foreign artificial intelligence infringement liability regulation.Artificial intelligence is a highly sophisticated technology.At present,only China and a few developed countries have conducted in-depth research and achieved certain results.The biggest gain is the United States.The author introduces the progress of the United States in the field of artificial intelligence legislation and the recommendations given by the EU in different directions.Foreign legislative work has provided valuable experience for the development of artificial intelligence in China,and it is worth learning from.The fourth part of the article describes the construction of China's artificialintelligence tort liability system.Of course,there are different theories,including artificial intelligence tools,artificial intelligence animal theory,artificial intelligence subject theory,and artificial intelligence product theory that represents the author's point of view.Because in the second part of the article,the author elaborates the analysis of the status of artificial intelligence civil subject,and gives its own conclusion that artificial intelligence still does not have an independent legal status at this stage,and its autonomy is not enough to bear the responsibility independently.In the fourth part,the author has added the most popular artificial intelligence product,the driverless car.As an example,the author analyzes the subject of artificial intelligence infringement and the principle of imputation in detail,so as to adapt to the law-abiding car driver.The challenge also lays the legislative foundation for the emergence of more advanced artificial intelligence in the future.In addition to the construction of the artificial intelligence tort liability system in China,the author has given some socialized sharing mechanisms for artificial intelligence tort liability,including the mandatory liability insurance system,the creation of designer liability insurance,the implementation of the in-vehicle injury insurance system and the establishment of compensation funds.It can protect the victim to the greatest extent when the artificial intelligence infringement cannot be fairly blamed,and it will not excessively increase the burden on producers and designers.The fifth part of the article summarizes and forecasts the development of artificial intelligence and its tort law in China.