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Analysis On The Liability Of Robot Damage Compensation In China

Posted on:2020-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z R ChenFull Text:PDF
GTID:2416330623452644Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays,robots have been pushed to the national level of the agenda strategy,domestic robot products have achieved major breakthroughs in many fields,and the proposal to develop the robot development law has been included in the legislative plan.The robot is operated by its own algorithm and has its own unique operating procedure.When an infringement accident occurs in a robot product,it cannot be simply assumed that the producer of the robot product bears the responsibility,or the developer of the program bears the responsibility,and the robot infringement The subject of responsibility,causality,imputation,and form of responsibility of the case are difficult to identify.China's current Tort Liability Law does not have special provisions for robot infringement.If a traditional infringement liability and product liability rule apply to a robot infringement accident,there are some cases where the application is difficult,such as the part of the producer liability that bears no fault liability for the product.Further adjustments are needed to be consistent with the facts and to help the development of China's robotic product industry.It is unrealistic to construct an independent tort liability system for robot products.The author relies on the existing tort law to solve the problem of the distribution of tort liability of robot products within the existing legal framework,and proposes to improve the product liability in the current Tort Liability Law.Part of the proposal,and demonstrate the applicability of the alternative liability after the principle of technical neutrality,advocates that the manager bears the responsibility for damages for robot infringement.This paper is divided into six parts.The first chapter and the sixth chapter are the introduction and conclusion,while the second chapter mainly introduces the characteristics of the intelligent age robot and the legal challenges it faces.The third chapter mainly analyzes the legal status of robots.The product liability of the robot is analyzed,the scope of liability and the principle of liability are determined,and the sharing mechanism of product liability is finally formed.The fifth chapter analyzes the alternative responsibility of robot damage,and expounds the legal basis for the substitution of robot owners and users.
Keywords/Search Tags:Robot, Product liability, legal personality, alternative responsibility
PDF Full Text Request
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