Research On AI Tort Liability Legislation

Artificial intelligence products have brought challenges in terms of rule application while providing convenience for people.Currently,the subject of artificial intelligence infringement liability is characterized by diversity,with various contradictions emerging.Legislation is still unclear in identifying liability subjects,faces challenges in liability types,lacks corresponding product quality standards,and timely post-remedy measures,which are some of the more prominent issues.It should be emphasized that these challenges are not enough to change the existing legal system.Artificial intelligence products are essentially products before they attain independent status.To address the above issues,we need to analyze the possible shortcomings of current legislation and compare the controversies among domestic and foreign scholars.Based on China’s national conditions,we propose the following suggestions:Firstly,it is necessary to clarify the principles of identifying the subject of artificial intelligence infringement liability.We can consider the artificial intelligence product manufacturer,operator,and user as the liability subjects and define their respective responsibilities.Especially in terms of the subject of liability and the principle of attribution,we can consider adding a new liability subject-the designer-and let the designer bear the presumption of fault.Only when the designer can prove that they are not at fault for the occurrence of the damage,can they be exempted from liability.Secondly,it is necessary to establish a sound post-remedy system.We can consider establishing an artificial intelligence infringement liability insurance system and setting up a specialized registration and supervision mechanism for artificial intelligence infringement liability to provide timely and effective relief for victims.In addition,we should strengthen the supervision and management of artificial intelligence products.We can formulate corresponding laws,regulations,and standards to strengthen the quality control and safety supervision of artificial intelligence products and prevent artificial intelligence product infringement.Finally,we should focus on strengthening the integration of artificial intelligence and law.We can establish a specialized research institution for artificial intelligence law to deeply study the relationship between artificial intelligence and law and provide strong legal support for the legal and compliant operation of artificial intelligence products.