Research On Liability For Human Damage Caused By Artificial Intelligence Products

The popularization of artificial intelligence products has brought great convenience to human society,but risks also appear.Compared with traditional products,artificial intelligence products have a high degree of autonomy and complexity,coupled with the mechanization of operational logic,so that the damage situation is becoming unpredictable and high-risk,which also leads to the unpreventable risks and serious damage consequences.In order to effectively remedy the legitimate rights and interests of the victim,how to identify the liability is crucial.However,in view of the inherent attributes of artificial intelligence products,the traditional tort liability system has been limited,and the liability judgment in specific damage cases is also in trouble.Therefore,it is necessary to sort out the legal framework of liability for human damage,so as to clarify the boundary of rights and liabilities,and ensure that the rights and interests of victims are provided with timely relief.In view of this,this thesis discusses the liability of artificial intelligence products causing human damage from six parts.The first part defines the concept of artificial intelligence products and the human damage,so as to clearly distinguish their differences from the traditional human damage situation,and combined with the current situations,puts forward four types of human damage caused by artificial intelligence products.The second part,based on the relevant legislative provisions and typical case analysis,summarizes the existing legal application dilemma of the liability judgment,and then puts forward the necessity of improving the liability system.The third part considers the product designer as the subject of responsibility,and takes the existence of design defects as the basis of its responsibility,supplemented by ethical rules to further regulate the designer’s behavior.Meanwhile,it gives the principle of imputation of no-fault liability and the obligation of inverting the burden of proof to solve the victim’s proof dilemma.The fourth part mainly analyzes the rights and responsibilities of the producer as the subject of responsibility,affirming that the producer applies the principle of no-fault liability,bears the tort liability caused by manufacturing defects and warning defects,and also undertakes the obligation of reversing the burden of proof,so as to ensure the effective relief of the victim’s rights and interests.The fifth part analyzes and discusses the liability of the product user.On the basis of defining the connotation of user extension,the principle of attributing fault responsibility is given to the user,and the problem of liability bearing under the separation of the user role is solved.The sixth part mainly discusses the new liability subject,and integrates the new liability subject into the legal framework of the liability,so as to deal with the complexity and diversification of the damage situation.In addition,the risk redistribution function of modern tort law can be given full play from the perspective of fair distribution of risks to ensure reasonable sharing of damage consequences in the liability of the non-imputable situation.To sum up,on the basis of fully considering the existing legal application dilemma,this thesis expands the scope of the subject of liability,and puts forward the corresponding subject liability identification standards for each subject,forming a complete chain of liability,and effectively defining the rights and responsibilities of each person responsible for the damage.