Research On The Application Of Artificial Intelligence Tort Law

With the rapid development of China’s economy and technology,artificial intelligence technology has been developing rapidly in recent years.The application of artificial intelligence technology makes people’s working style more efficient and living standard significantly improved.But the emergence of artificial intelligence,as a new technology,not only brings about positive effects,but also causes many legal problems,which puts forward higher requirements for the current legal system.A series of infringement problems have appeared in the society,such as personal injury or death caused by driverless car,damage caused by intelligent robot,artificial intelligence network infringement and so on.The main reason is that the legal status of artificial intelligence is not clear,and the natural person and legal person of behavior ability and meaning expression.The main body identification is coupled with artificial intelligence,and the relevant laws and regulations that have been issued in China have not yet made detailed and clear provisions and instructions for the infringement of artificial intelligence,and the analogy application of relevant laws and regulations can not solve the problem of infringement of artificial intelligence.Compared with the current situation of the legal regulation of "Ai infringement problem" at home and abroad and the academic point of view,combined with the needs of China’s current economic development,this paper defines the problem clearing path of AI infringement subject,that is,to exclude the status of AI subject,and to clarify that AI only has the status of object,It is necessary to provide special tort types for the judicial application from the legislative aspect.In the judicial aspect,in the determination of the tort liability of artificial intelligence,the main principle is the fault presumption liability,the principle of fair liability is the supplement to determine the special principle of liability,and the special elements of tort are set up in order to better deal with the challenges brought by science and technology to the law.This paper is mainly from the following four parts:The first part describes and analyzes the AI tort law.The current situation and existing problems of application,taking the infringement of driverless vehicle as an example,this paper enumerates the cases that have great influence in foreign countries and in China,and further summarizes and sorts out various problems in the application of artificial intelligence infringement law,Mainly from the main body of tort liability identification,tort behavior identification,violation of obligations identification,imputation principle application,recovery and other aspects of the induction,so that it becomes an important basis for subsequent paper writing.The second part is mainly in-depth analysis of the main reasons for the application of artificial intelligence tort law dilemma,Through the sorting and analysis of relevant materials,the main reason is that the legal system related to the identification of the subject of capacity and expression of will,the coupling of artificial intelligence and the infringement of artificial intelligence is not perfect,which provides the basis for the following further suggestions for this reason;.The third part excludes the subject status of industrial intelligence on the basis of literature review,And make clear that AI only has the status of object,in order to solve theproblem that the subject of AI tort liability is unknown.The fourth part gives the corresponding countermeasures on how to improve the application of AI tort law.In order to improve the pertinence of the current laws and regulations and solve the problem of unclear legal basis in judicial practice,it is proposed to further improve the relevant legislation and make more specific and detailed provisions on the types of AI tort liability.In the judicial aspect,the special interpretation of AI tort should be carried out from the aspects of the subject of tort,the principle of liability fixation and the constituent elements,And to provide judicial reference.