Research On The Subject Of Tortious Liability Of Artificial Intelligence

Since the 21st century,the emergence of artificial intelligence has shaken the overall framework of the "people-oriented" legal system and aroused public's concern about artificial intelligence.With the continuous progress of artificial intelligence technology,the application of artificial intelligence in law has gradually become the concern.Artificial intelligence began to have the ability to implement production and life activities.Artificial intelligence can not only engage in repetitive labor according to the settings,but also act independently through its own analysis and judgment.There is a gap in the intelligence embodied by artificial intelligence,so it is necessary to distinguish between weak artificial intelligence and strong artificial intelligence in the field of technology and the application of law.The intelligent revolution brings an unprecedented challenge to the current legal rules and order,and conflicts with the existing legal system in civil law,copyright law,tort liability law,personality right law,traffic law,labor law and many other aspects.All the relevant legal issues can be boiled down in some way to the essential question of whether artificial intelligence has a legal personality.Before discussing the subject of tort liability,we must first make a qualitative analysis of artificial intelligence.Artificial intelligence has a wide range of application fields,and it has played more and more social roles.The legal personality of artificial intelligence is an unavoidable legal system.This paper will analyze and study the legal personality of artificial intelligence in different stages and the subject identification of artificial intelligence tort liability.In addition to the introduction and conclusion,this paper is divided into four chapters:The first chapter elaborates the concept and particularity of artificial intelligence,as well as the development stage of artificial intelligence,analyzes the characteristics of the subject of artificial intelligence infringement liability,and there are controversies and uncertainties in identifying the responsible subject.The second chapter analyzes the tort liability subject in the weak artificial intelligence stage.By analyzing the domestic and foreign scholars' views and views on the legal personality of weak artificial intelligence,it comes to the negative view of the legal personality of weak artificial intelligence,so as to identify that weak artificial intelligence should be treated as a product.On this basis,it analyzes the tort liability subject of weak artificial intelligence.The third chapter analyzes the subject of tort liability in the medium artificial intelligence stage.The medium artificial intelligence is in the transition stage from weak to strong,for the personality problems of artificial intelligence began to split,through theory analysis should be limited at this stage must be the legal personality of artificial intelligence,differentiated between the tort liability of artificial intelligence in the main body,and by setting up a "guardian" to implement preventive relief system.The fourth chapter analyze the subject of tort liability in the strong artificial intelligence stage.Technology is developing rapidly,and some scholars have a positive attitude towards the legal personality of strong artificial intelligence,artificial intelligence has already possessed the ability to take responsibility for its more and more prominent independence,autonomy and humanity.Around the world,it will be a tendency to endow the strong artificial intelligence with the subject status.And it will be necessary to treat the strong artificial intelligence as the tort liability subject.