Market Access Regulation For Artificial Intelligence Product

Artifical Intel igence of the main body and high humanization artificial intelligence products have been widely used in our economic and social life.Take surgical robot as a typical representative,the national systems are confirming its subjectification medical behavior function.In June 2021,the Shanghai Municipal Medical Insurance Bureau announced that the expenses generated by using the Da Vinci surgical robots would be covered by its medical insurance.In September 2021,the Beijing Municipal Medical Insurance Bureau announced that the surgical expenses generated by using the orthopedic surgery robots will be covered by medical insurance from October1,2021.All these are caused by the acceleration of the aging process of China’s population,huge contradiction between the insufficient medical resources,uneven distribution,uneven quality of medical resources and people’s increasing concern about their health,high-quality medical demands.Based on these urgent demands,China government has been supporting the development of artificial healthcare.Medical robots are gradually entering hospitals to provide patients with convenient,less harmful and fast recovery medical services,as well as the increasing of tort liability.As the rapid development of AI,the traditional product liability and tort liability system have shown their deficiency and embarrassment when dealing with the problems which caused by the AI products.It’s vital to explore the market access regulations of artificial intelligence products in order to promote its rapid development and make the manufacturers assume the obiligation.AI is divided into strong AI,weak AI and super AI according to the intensity of autonomous consciousness,high-risk AI and low-risk AI according to the possibility of causing damage,and autonomous AI and human-computer mutual assistance AI according to the degree of human participation In the evolution stage of intelligence to strong AI,the damage risk of high-risk autonomous AI.Due to high intelligence and independent judgement of AI,the legal status of AI is also changing.It’s obvious to transform from heteronomous to autonomous,low humanization to high humanization,so the model of supervision of AI products is also changing.It is suggested to implement differentiated regulation,implementing post responsibility supervision model to heteronomous AI products and market access supervision model to high autonomous AI products.Surgical robot is the typical representative of AI product,It’s characterized by strong autonomy and independence,as well as top behavior risk,damage risk and Liability deficiency.When confirming legal status of surgical robot,we should start from its Independent medical behavor and limited legal liability capacity,Endowed with personality by approving certificate.Due to higher risk,more harmful and stronger judgement,when considerating putting surgical robot to the medical market,it’s necessary to carry out strict market access to review whether it meets the safety standards of the state,including its own quality and manufacturers’ lowest technology standards,operating instruction,manual support and so on.To ensure the legitimate interests of medical victims,as well as the rapid development of AI technology and industry.It’s urgent to build Artificial intelligence damage compensation fund,implementation of artificial intelligence mandatory liability insurance and socialized special guaranteed system AI damage risk in China.