Research On The Liability Of Infringement Of Artificial Intelligence

In today’s information revolution era,although the development of artificial intelligence has become overwhelming,we should not have too much romanticism in the development of artificial intelligence,but should be more careful about the development.We are in a risky society.At present Germany,Europe and the United States have already made relevant laws on the damage caused by self-driving cars,but China’s regulations on related aspects are still insufficient.Based on this background,the author analyzes several aspects of responsibility in the perspective of infringement.Firstly,the paper analyzes the subject of responsibility caused by artificial intelligence,and the academic community has affirmative and negative views on the status of artificial intelligence’s legal subject.The affirmative people think that artificial intelligence enjoys the status of legal subject,which is an inevitable requirement of historical development and social progress.Who denies that artificial intelligence enjoys the status of legal subject think it lacks the property foundation for liability and there is no solution to the infringement incident.The author believes that artificial intelligence still lacks the qualification as the legal subject at this stage.It lacks the intrinsic value of human beings and thus cannot enjoy the legal status as human beings.Based on this backgroud,infringement of artificial intelligence should have its producers,sellers,owners and the users be responsible for the situation.Secondly,the principle of liability for different personnel should be specifically analyzed.The principle of differentiated imputation should be established to achieve the balance between interest protection and social equity.There are also differences in the determination of causality,and the degree of responsibility for the burden of proof should also be specifically analyzed.The cause of infringement exemption can still be applied in the damage caused by artificial intelligence.Finally,there are two main views on how to regulate artificial intelligence:product liability and artificial social insurance.and the author believes that a single product liability theory or social insurance theory cannot effectively regulate the issue of artificial intelligence tort liability,on the other hand we should also pay attention to the protection of producers and clarify their excuses.Although we cannot harbor romantic illusions about the development of artificial intelligence,we should have confidence in human wisdom,and the future development of human and artificial intelligence will be benign.