Research On Tort Liability Of Artificial Intelligence Carriers

Artificial intelligence is the next-generation industry trend after the Internet.It has been widely used in various industries,greatly improving social efficiency,changing people's lifestyles,and at the same time increasing the degree of artificial intelligence socialization.The risk has also attracted people's attention.In the environment of coexistence of human and artificial intelligence,infringement liability accidents are inevitable,and the autonomic characteristics of the artificial intelligence carrier cause the traditional tort liability system to have a series of legal problems in dealing with the infringement liability of the artificial intelligence carrier.The development of artificial intelligence technology firstly caused people to explore its legal status.Whether it is necessary to give artificial intelligence carriers the status of legal subjects has become a problem that must be faced in the study of artificial intelligence related legal systems.The subject of law is related to personality.The intelligence displayed by artificial intelligence carrier and the rationality represented by personality are the core issues that define the legal status of artificial intelligence carrier.At the same time,because the artificial intelligence system has a high degree of autonomy and independence,the artificial intelligence carrier can operate normally in the case of few people or even no one.For the infringement liability accident caused by it,the participation of the person is low or even no one is required.The participation of the principle of fault liability lacks the applicable space,and the principle of no-fault liability and the principle of fair liability can be applied to the analysis of the characteristics of the artificial intelligence carrier infringement that need to be combined with the law and the infringement liability of the artificial intelligence carrier.At the same time,in the aspect of causality proof,whether the "correlated causality" theory as the academic boundary can handle the artificial intelligence carrier infringement accident needs further argumentation.There is a clear distinction between the tort liability of artificial intelligence carrier and the general tort liability.The existing tort liability system,especially the product liability system,is not enough to deal with the responsibility sharing problem caused by the infringement of artificial intelligence carrier.The United States and the European Union are based on the advantages of artificial intelligence technology.First,it encountered the problem of how to regulate the infringement liability of artificial intelligence carrier.Therefore,it was also the first to get involved in the investigation of the infringement liability of artificial intelligence carrier and the legislative attempt.With reference to the legislative experience of the United States and the European Union,combined with China's scientific and technological level and legal system,this paper believes that the artificial intelligence carrier does not have the ability to bear responsibility independently at this stage,but in order to properly handle the legal problems arising from the infringement liability of artificial intelligence carriers,it still needs to The existing legal system is adjusted,such as establishing a classification system for artificial intelligence carriers and corresponding imputation principles,introducing an inversion system for burden of proof,establishing a compulsory insurance system,installing “black boxes”,and protecting privacy rights.