Research On Medical Tort Liability Of Artificial Intelligence

Medical tort of artificial intelligence refers to the damage caused to patients by the medical actions when artificial intelligence is applied to the medical field.The combination of artificial intelligence and medicine has greatly improved the efficiency of diagnosis and treatment activities,but it has also caused many infringement damages.There are many reasons for medical tort caused by artificial intelligence,and the content is complex and changeable.In addition,artificial intelligence has surpassed human ability in many aspects,and its degree of autonomy is also improving with the progress of technology.The current legal system can still regulate weak artificial intelligence,but after entering the era of strong artificial intelligence in the future,the medical tort caused by artificial intelligence will inevitably lead to more disputes.Based on the legal positioning of artificial intelligence,this paper analyzes the dilemma of the application of artificial intelligence with different levels of intelligence to the current law,and at the same time,draws lessons from foreign laws and regulations,and puts forward some suggestions on the improvement of China’s medical tort liability system,so as to prevent the future situation of artificial intelligence infringement and blank application of law.Based on the above contents,this paper discusses the medical tort of artificial intelligence in China,tries to discuss the intersection between artificial intelligence and medical field from the perspective of tort law theory,and constructs and improves the liability imputation system of medical tort damage caused by artificial intelligence.Specifically,the main content of this paper is divided into the following five chapters:The first chapter is the introduction,which mainly summarizes the research status of medical tort of artificial intelligence.At present,China’s current legal system has not clearly defined the new medical tort caused by artificial intelligence,and the academic circles have no unified theoretical system and lack of practical significance.There are different opinions on the identification of the responsible subject and the application of the imputation principle.Compared with the research on artificial intelligence in western countries,China has fallen behind.Therefore,it is urgent to discuss the tort liability of artificial intelligence medical treatment.The second chapter summarizes the basic concepts and classification of artificial intelligence,and expounds the application of artificial intelligence in medical field.With the development of science and technology,artificial intelligence is becoming more and more intelligent.At present,artificial intelligence can be divided into two categories: weak artificial intelligence and strong artificial intelligence.After analyzing their respective characteristics,and combining their respective application practices in the medical field,their legal status is discussed.The third chapter is the challenge of medical tort of artificial intelligence to tort liability in China.First of all,compared with the traditional medical tort,the medical tort of artificial intelligence has its particularity,which not only has the basic characteristics of traditional medical equipment,but also has its particularity,indicating that artificial intelligence has the characteristics of autonomy,not completely dependent on human beings,and its infringement has the characteristics of complexity.Due to the particularity of medical tort of artificial intelligence,it has impacted the legal system of tort liability in China,which is manifested in the nature of liability,the subject of liability,the principle of imputation and the patient’s proof.The fourth chapter analyzes the relevant extraterritorial legislation research,and puts forward the enlightenment to our country’s system construction in this aspect according to the extraterritorial legislation research.This paper focuses on the legislative proposals of the European Parliament and the United States on artificial intelligence,and analyzes the theoretical differences between them.Combined with China’s national conditions and practice,it analyzes the enlightenment of the two different theories to China’s future system construction.The fifth chapter is the suggestion on the construction of medical tort system of artificial intelligence.Based on the theoretical basis of tort law,it puts forward specific suggestions from the angles of responsibility subject,imputation principle,compensation mechanism and exemption reasons,and puts forward to improve the supporting system of medical tort of artificial intelligence,which is as follows: First,set up special registration access system and supervision mechanism;Two,improve the compensation mechanism of medical damage,such as the establishment of compulsory insurance system and smart fund.In a word,we should distinguish artificial intelligence according to the intelligence level of artificial intelligence,clarify the specific infringement facts and infringement reasons,learn from overseas legislative experience,and study the responsibility of artificial intelligence medical infringement according to the theoretical viewpoints of domestic academic circles,improve the relevant legal system,and promote the development of artificial intelligence in medical infringement.