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Research On The Tort Liability Of Intelligent Robot Developers

Posted on:2021-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:T LiFull Text:PDF
GTID:2416330611460953Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a global sunrise industry,intelligent robot has changed the way of life of human beings and generated many hot legal issues.In the field of civil law,one of the most controversial topics is how to share the responsibility for the damage caused by the defects of intelligent robots in social activities.Many civil law scholars have different understandings on this issue.The current civil law is relatively perfect for the traditional product liability,but it is directly applied to the infringement cases of intelligent robot developers,which is hard to deal with and seems reasonable,but actually it is not enough.The scope of the subject of traditional product liability is a little narrow,limited to producers and sellers.Different from the traditional production process,in view of the higher technical level and more complex production process required by intelligent robot products,there is still the development link of intelligent robot in addition to the manufacturing and production links.Based on intelligent robot defect causes damage to others the facts as a starting point,this paper mainly discusses the plight of the definition of intelligent robot developers and commenting,judgment of tort liability and liability for the application of the problem,it is concluded that intelligent robot for design,programming,testing defects existing in the development link causes damage to others,the conclusion of intelligent robot developers shall bear tort liability.Firstly,the national and industrial standards of intelligent robots should be established at the legislative level,and the ethical standards of intelligent robot developers should be formulated to ensure that intelligent robottechnology can develop in a direction beneficial to human beings.Perfect current product liability,the relevant provisions of the second,through the method of hermeneutics to intelligent robot developers explained as "because the transporter or storekeeper products defect fault of a third person" in the "third person",supplemented by "fault liability" for the imputation principles,application "civil code " the1204 th make it become the subject of tort liability.According to the developers in the process of the intelligent robot development division of labor is different,it can be divided into intelligent robot designers,programmers,and testers to three kinds of main body,they did not fulfill the security in the process of research and development of intelligent robot,warning advises,rational development,may not be discrimination algorithm such as specific obligations,lead to the defect of intelligent robot causes damage to others,shall bear tort liability.In addition to the exemption of traditional product tort liability,the developer can also apply the principle of technology neutrality as the exemption.Finally,it is necessary to establish a supporting social risk sharing mechanism,and adopt the two approaches of insurance system and rescue fund system to guarantee the timely relief of the rights and interests of the victims and at the same time improve the enthusiasm of artificial intelligence technology innovation.
Keywords/Search Tags:Intelligent robot, Artificial intelligence, Product liability, Tort liability, Insurance system
PDF Full Text Request
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