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Research On Tort Liability Of Intelligent Robots

Posted on:2021-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:C X ZhuFull Text:PDF
GTID:2416330626462643Subject:Civil law
Abstract/Summary:PDF Full Text Request
Artificial intelligence is known as one of the greatest inventions of modern technology in the 21 st century,Artificial intelligence technology involves many fields,and one of the most critical parts is the intelligent robot.In recent years,various types of intelligent robots have stepped out of the laboratory and sci-fi screens and gradually spread in the streets of human production and life.They have brought a lot of convenience and fun to human production and life,but they are also inevitable.May infringe on the personal and property rights of the surrounding legal subjects,thereby causing disputes over liability for tort.Due to the high complexity and unpredictability of robots themselves,the current tort liability law encounters many unexplainable problems in resolving such disputes.This is mainly reflected in whether intelligent robots can be used as separate legal subjects and what is applicable.Such as the principle of imputation,how tort liability is constituted,and how responsibility is shared.For this reason,this article divides the current intelligent robots into weak AI robots and strong AI robots based on whether the robot can reach the ability to reason,think and solve problems.First,the former gives the highest object to its object.Personality——The legal status of artificial personality is regarded as a special "product",while the latter is given the legal position of an electronic person,which is set up,changed,and terminated in accordance with the legal person,and possesses responsible property.Responsibility.Secondly,it is necessary to construct a set of civil liability mechanisms for intelligent robot infringement.For the former,apply the no-fault liability attribution principle,determine the harmful behavior according to the purpose and use of intelligent robots and combine traditional product defect identification standards,establish a causal relationship between the harmful behavior and the fact of the damage by inverting the burden of proof,and strictly limit the contraction.Conditions for the establishment of exemptions;and the latter shall be blamed on the principle of fault liability and no-fault liability according to the scope of the robot's permission,and at the same time determine the harmful behavior based on the permitted scope,and use the "black box" as evidence to prove the harmful behavior and damage There is a causal relationship between facts.Finally,explain the responsibility sharing mechanism of the two in particular.For the former,it is necessary to establish a set of "primary and secondary distinct,segmented responsibility system" responsibility allocation mechanism.The manufacturer bears the main responsibility,and the seller and user are responsible for the damage caused by them in their respective liability sections;For the latter,it is necessary to establish a liability sharing mechanism limited to the liability of the electronic person and supplemented with the necessary mandatory liability insurance and compensation fund system,in order to achieve a balance of freedom of conduct and security,and to meet the reasonable demands of the parties involved in the dispute.,And ultimately contribute to the efficient resolution of intelligent robot infringement liability disputes.
Keywords/Search Tags:Intelligent robot, Artificial Personality, Electronic Person, Tort Liability Composition, Liability Sharing
PDF Full Text Request
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