| As a new engine of economic development in the context of the fourth scientific and technological revolution,artificial intelligence not only promotes economic development and facilitates people’s lives,but also brings considerable risks and challenges to the fields of society,ethics and law.For example,artificial intelligence can assist or even replace people’s decision-making and actions,so should the legal subject status of artificial intelligence be established? When a case of artificial intelligence infringing the rights and interests of others occurs,how should the relevant tort liability be divided? These issues have strongly impacted the existing legal system,and the protection of the legitimate rights and interests of potential victims is imminent.Although statutory law always has a certain lag,thinking about legal issues should be forward-looking.Only by attaching great importance to and predicting the possible negative impacts of artificial intelligence development and taking necessary risk prevention measures in a timely manner can we achieve the healthy development of the artificial intelligence industry while preventing risks through the coordination of incentive development and reasonable regulation.The Chinese government attaches great importance to the legal risks and challenges brought about by the development of artificial intelligence,and has issued a series of government documents.Due to the characteristics of artificial intelligence infringement,the existing tort liability system cannot perfectly incorporate the artificial intelligence tort problem into the existing legal liability framework,and there are problems such as insufficient supply of the artificial intelligence tort liability system,confusion of responsible subjects,and difficulty in establishing causal relationships.It is necessary to build an artificial intelligence tort liability system,internalize the external cost of artificial intelligence infringement,encourage accident parties to take effective prevention levels,reduce the risk of artificial intelligence infringement,and achieve a balanced system of efficiency.Therefore,the scientific Marxist dialectical materialism thought and theory are used to guide the legislative practice of artificial intelligence,and the relevant theories in law and economics are used for reference.On the basis of an accurate understanding of the theoretical logic,a theoretical analysis framework of law and economics is constructed.Under this framework,a variety of research methods are used to form a logical context of "definition of liability-behavior incentives-institutional selection",and to study the two core issues of "whether artificial intelligence infringement constitutes" and "how to allocate artificial intelligence tort liability".The application of economic theory to the research on artificial intelligence infringement not only enriches the theoretical research results of artificial intelligence infringement,but also helps to solve the dilemma of the existing legal system to deal with the risk of artificial intelligence infringement,and improve the deterrence and relief efficiency of the law.The thesis consists of eight chapters,and the frame structure are as follows:Chapter 1,Introduction.Explain the research background and research significance;sort out and analyze relevant research literature,recognize the research space of this article,introduce the research framework and research methods,and research innovation.The research is based on the actual institutional needs in the development of artificial intelligence,combined with the particularity of artificial intelligence infringement,and focuses on grasping the research results of the existing artificial intelligence tort liability system and the research context of the traditional tort liability system.Chapter 2,Theoretical basis of the research.Defining relevant concepts,characteristics and connotations is the starting point of research;Guided by Marx’s dialectical materialism and alienation theory,and using Coase Theorem,Posner Theorem,Efficiency Theory,Rational Choice Theory and Hand Formula as reference,it constructs the theoretical analysis framework of law and economics.Chapter 3,Elements of Liability.In jurisprudence,the constitutive elements of tort liability include damage,fault and causality,which constitute the standard for judging the perpetrator’s tort liability.However,due to the particularity of artificial intelligence infringement,the choice of the responsible subject should also become one of the necessary conditions for assuming artificial intelligence tort liability.This chapter analyzes the four parts of the elements of artificial intelligence tort liability—the subject of liability,damage,causality,and fault.Chapter 4,Principle of Imputation.The principle of tort liability is the fundamental basis for the distribution of liability,which can provide actors with expectations in advance and influence their strategic choices.Therefore,on the basis of the traditional accident liability model,an artificial intelligence tort liability model in which the accident risk is jointly determined by the actor’s attention level and behavior level is constructed to find the most efficient attribution principle.Chapter 5,Claims for Damages.The payment of damages is a specific path for the realization of artificial intelligence tort liability.By analyzing the factors affecting the incentive efficiency of artificial intelligence tort compensation,it is proved that the amount of compensation should be determined on the basis of damage.Further,the game model is used to prove the effectiveness of punitive damages in solving special types of artificial intelligence infringement cases.Chapter 6,International Experience.Some countries and regions have launched innovative attempts to regulate artificial intelligence.By sorting out and summarizing the AI-related infringement regulation measures taken by the representative EU,the United States and the United Kingdom,we can draw lessons from China’s AI infringement regulation.Chapter 7,Policy Recommendations.Starting from the first typical case of Tesla’s "autopilot" car accident fatality case in China,by analyzing the legal issues highlighted in the case,it verifies the necessity of constructing an artificial intelligence tort liability system in the theoretical analysis above.Based on the institutional requirements in legal practice,combined with the research conclusions of the full text and the reference of relevant international experience,this thesis proposes a law-compliant construction of China’s artificial intelligence tort liability system from three levels: strengthening toplevel design,formulating legal norms and improving supporting systems.Properly respond to new risks and challenges brought about by the development of artificial intelligence by strengthening forward-looking prevention and restraint guidance.The last is the conclusion.In this part,a systematic and high-level generalization and summary of the full text research are made. |
