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Research On The Subject Of Infringement Responsibility Of Artificial Intelligence

Posted on:2021-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ZhaoFull Text:PDF
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Nowadays,the development of artificial intelligence technology is in full swing,and technologies such as autonomous driving and face recognition are springing up.Artificial intelligence technology has greatly facilitated human life,but it has also triggered a series of legal disputes,one of which is the identification of the responsible subject in the event of artificial intelligence infringement.Although artificial intelligence is created by human beings,it has a certain degree of autonomy,which includes the subject's ability to understand the nature of things and the ability to control its own behavior,which is the basic element of civil liability.At this stage,humans are still in the era of weak artificial intelligence.Artificial intelligence of artificial intelligence is not strong,and its cognitive ability and control ability are quite limited,and it is not enough to become a suitable subject of tort liability.We believe that the essential feature of artificial intelligence at this stage is "products",and the manufacturer should bear the tort liability with reference to the principle of liability for product quality infringement.The first chapter of this article is an introduction,which summarizes the current research status of artificial intelligence infringement.Nowadays,artificial intelligence is flourishing.While it brings great convenience to mankind,it also has some problems,such as the difficulty of defining the liability of artificial intelligence infringement.In this context,research on the main body of artificial intelligence infringement liability in the current stage of weak artificial intelligence can play a role in reducing the difficulty of blaming artificial intelligence infringement cases,strictly applying exemption reasons,and proposing policy recommendations for producers to bear liability for infringement.In view of the disposal of infringement liability caused by artificial intelligence,there are currently three viewpoints in the academic circles:user liability of artificial intelligence tool theory,producer responsibility of artificial intelligence product theory and self responsibility of artificial intelligence subject theory.Chapters 2 and 3 of this article are an overview of artificial intelligence and an overview of artificial intelligence infringement.In these two chapters,the author first elaborated on the basic concepts and development process of artificial intelligence in detail.Marked by the advent of the"Turing Test" in 1936,artificial intelligence has gone through four stages,which Human relations are getting closer and closer.Now,artificial intelligence has penetrated into our lives.Since artificial intelligence has not yet reached the level of complete autonomy,it cannot be denied that with the advancement of technology,artificial intelligence will eventually have a completely independent awareness,which has led to the division of strong and weak artificial intelligence era.In addition,the author also discusses the definition and characteristics of artificial intelligence infringement.It is pointed out that in the era of weak artificial intelligence,artificial intelligence infringement has the characteristics of relative autonomy,low predictability and low resolvability.The author enumerates the types of artificial intelligence infringement,mainly focusing on the harm caused by artificial intelligence for medical use.Finally,the author analyzes the domestic and international legislative status of artificial intelligence infringement,and provides reference for the subsequent Chapter 5 legislative suggestions.The fourth chapter of this article demonstrates the core issue that the tort liability should belong to the manufacturer in the case of artificial intelligence infringement.In this chapter,the author first discusses the subject of tort liability under the tort liability law system of our country,and the subject of artificial intelligence torts.It points out that artificial intelligence does not have a legal personality,and it cannot be the subject of liability under the tort liability law system.Secondly,the manufacturer has the status of a legal person and has advantages in data and technology.Processing artificial intelligence infringement cases with the responsibility of the manufacturer as the core will not only hinder the progress of technology,but will encourage the manufacturer to actively increase the research and development of artificial intelligence.Invest,increase consumers' enthusiasm to buy artificial intelligence products,and ultimately promote the development of artificial intelligence technology.Finally,the author discusses the manufacturer's obligations and the exemptions for manufacturers' responsibilities.The division of responsibility for artificial intelligence infringements takes the responsibility of the manufacturer as the core processing principle does not mean that the manufacturer bears unlimited liability,otherwise it will seriously hurt the manufacturer's enthusiasm for production and hinder technological progress.Therefore,it is necessary to stipulate the exemption of the manufacturer's tort liability,which mainly includes three aspects:offsetting the fault,infringement by a third party,and the development risk of the manufacturer.In the fifth chapter of this article,the author puts forward some legislative suggestions on the handling of the current tort liability of artificial intelligence.First of all,clarify the status of the manufacturer's responsibility as a main body.This mainly includes the establishment of the principle of handling artificial intelligence tort liability with product responsibility as the core,the clarification of the manufacturer's rights and obligations,and the clarification of exemption.Secondly,from the perspective of the victim,through the introduction of "black box" technology,the establishment of damage compensation system,etc.,to further protect the rights and interests of victims.Finally,adopt the method of clarifying the government's main body position in the artificial intelligence market access,adopting the method of approval and filing for flexible supervision,combined with preliminary review and continuous supervision,and establish an artificial intelligence industry access mechanism.
Keywords/Search Tags:weak artificial intelligence, tort liability, manufacturer, product liability
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