On Tort Liability For Damage Caused By Artificial Intelligence Products

With the development of big data and cloud computing,the research and development and production of artificial intelligence products have made great progress.Through continuous "machine learning",artificial intelligence products have gradually generated autonomous consciousness,able to identify and control their own behavior,which is no longer regarded as a simple tool by human beings.Artificial intelligence products have gradually developed from the era of weak AI to the era of strong AI.The original intention of the production of artificial intelligence products is to serve the human society and make people's life more convenient and efficient.However,the development of science and technology is uncontrollable to a certain extent,and artificial intelligence products are very likely to cause damage to human beings in the process of use.The tort liability caused by artificial intelligence products poses a challenge to the existing legal tort liability subject identification,the application of the principle of imputability,and the proof of causality,etc.Whether and to what extent the existing laws can be applied when investigating the tort liability of artificial intelligence products is an urgent problem for the legal community to solve.In this paper,the main content is divided into four parts,while artificial intelligence products gradually produced independent consciousness,to be able to identify and control their behavior,but they are still not able to be given legal main body status,become a legal "person".When determining subjective fault of infringement of artificial intelligence products,different principles of reduction can be used according to specific situations,which should be neither too broad nor too strict.In the process of using artificial intelligence products,the designer,manufacturer,owner and user should all undertake the corresponding obligations.According to the different levels of obligations,fault liability,no-fault liability and "fair liability principle" should be combined to determine the subject to bear the responsibility.In the process of proving causality,it is necessary to rely on technical means,including the introduction of real-time monitoring system and black box technology,and the establishment of a proof proof mode in which the designer and producer provide evidence primarily and the victim provides evidence as a supplement.In order to make the artificial intelligence product market more standardized and orderly,it is necessary to improve the corresponding supporting system construction,and finally ensure the interests of the victims.