Research On Tort Liability Of Artificial Intelligence

Artificial intelligence has three meanings: discipline,technology and entity.The problem of tort liability of artificial intelligence that we want to discuss corresponds to the meaning of artificial intelligence entity,that is,artificial intelligence refers to the machine that can be independent of human thinking and decision-making,instead of assisting humans to complete the corresponding tasks.This paper conducts legal research and exploration on the tort liability of artificial intelligence,it is hoped that the relevant legal countermeasures for perfecting the tort liability of artificial intelligence in China are proposed,and ensuring that the Tort Liability Law provides comprehensive protection for victims and stipulates the infringement of artificial intelligence under the existing framework of tort law,making the responsibility of responsibility more fair and reasonable.The specific issues are as follows:In the first part,firstly,through reviewing the relevant literature,definition,characteristics and the development stage of artificial intelligence are summarized,and it is clear that it is still in the stage of artificial narrow intelligence.Secondly,summarizing the various facts that may cause tort liability for artificial intelligence.In the second part,based on the stage of artificial narrow intelligence,this paper analyzes and summarizes the problems and disputes in the practice of determining the tort liability of artificial intelligence,these include the disputed legal status of artificial intelligence,the principle of imputation of traditional tort liability and the existence of applicable dilemmas,the difficulty of causing causality and the lack of risk prevention mechanism.In the third part,firstly,it introduces the content of the Asilomar artificial intelligence principle which has reference significance to the tort liability;Secondly,it combs the attempt of the EU and the United States to make legislation on the tort liability of artificial intelligence;Finally,the extraterritorial experience is analyzed to find out what can be used for reference in China,and it is hoped that the identification of artificial intelligence infringement liability in China will be beneficial.In the fourth part,combined with the current legislative norms and judicial practice,through analyzing the problems mentioned in the article,drawing on the experience of extraterritorial,and proposing legal countermeasures against artificial intelligence infringement in line with China’s national conditions.It is clear that artificial intelligence is still a subject of rights in the current stage of artificial narrow intelligence.Of course,it does not rule out the possibility that when a society develops into the artificial general intelligence stage or even the artificial super intelligence stage,it has the right to become a subject.At present,in order to solve the problems caused by artificial intelligence infringement,it is not necessary to include it in the scope of independent responsible subjects,the responsible subject is still the person behind the artificial intelligence,including the designer,producer,seller and user,and the attribution principle and constituent elements applicable to different subjects are different.Moreover,China should establish the unified artificial intelligence safety assessment standard to set defect standards for artificial intelligence,and clarify whether designers and producers have proof of defects.The increasing application of artificial intelligence technology has determined that we must build a sound risk protection mechanism,including compulsory insurance and compensation funds,in this way,we can share and reduce the accidents and risks people encounter when using artificial intelligence to improve their living and work efficiency.Finally,summarizing the views of the full text,appealing to all sectors of society to pay attention to and solve the problem of the tort liability of artificial intelligence.Under the existing civil law system to achieve comprehensive protection of social life,in order to achieve the dynamic balance of order and change,protection and innovation,value and implementation.