Research On The Civil Liability Of Artificial Intelligence In Traditional Chinese Medicine

The extensive application of artificial intelligenc e in aerospace,medical,transportation and other fields makes life better with technology.But we must be alert:artificial intelligence is not absolutely safe,and its high complexity and autonomy are both beneficial and disadvantageous.The autonomous decision made by artificial intelligence is very likely to be inconsistent with people's rational thinking.It is contrary to the original intention of designing for the purpose of helping people,and it has the consequences of being out of control and causing damage.How to define the legal attributes of artificial intelligence,determine the subject of infringement,define the infringing behavior,discuss the applicable blame,analyze the lack of standardization of artificial intelligence in Chinese medicine,privacy and security of medical information and other issues are caused by this.This article explains the basic concepts of artificial intelligence and the application of traditional Chinese Medicine(TCM),and the legal issues caused by the application.Focus on the analysis of the particularity of the civil liability caused by the artificial intelligence of TCM:the infringing subject caused by the artificial intelligence of TCM;the difference between the tort and the general tort.Analyze the dilemma of the application of the liability principle.Finally,draw on the experience of other countries,combined with national conditions,put forward corresponding suggestions.In addition to the preface,this article is divided into three parts.The first part is the application of artificial intelligence and its legal issues.Artificial intelligence is the science of research and development of scientific theories and practical systems that simulate the human brain for thinking and decision-making.It is roughly divided into three stages:weak artificial intelligence,strong artificial intelligence,and super strong artificial intelligence.The application of traditional Chinese medicine focuses on machine scanning detection,medical case analysis platform,prescription preparation system for smart phone terminal re-diagnosis,clinical diagnosis and treatment platform,etc.It caused reflections on the subject of tort liability,the determination of infringement,the application of the liability principle,the dilemma of standardization legislation,and the imperfect privacy protection system.Technology is a double-edged sword.We must develop and learn to control legal risks.We must adhere to the three laws of robots and safeguard human fundamental interests.The second part is the particularity of the civil liability caused by artificial intelligence of TCM.Analyze the defects and deficiencies of artificial intelligence as a civil subject from the perspective of civil law,grasp the attributes of its material products,and clarify its legal status;analyze the infringing subjects caused by artificial intelligence through literature research and comparative methods;the definition of torts,torts and damages the particularity of the determination of the causal relationship of the results;consider the organic combination of the principle of no-fault and fault;add the explanation of the exemption reasons in combination with the slow efficacy of Chinese medicine,long course of disease.and characteristics.The third part is to draw on the experience of other countries and put forward coping strategies in light of national conditions.The EU emphasizes the supplementary and auxiliary role of artificial intelligence on humans;the United States establishes the Ethics Governance Foundation;Germany sets standards for the identification of autonomous vehicles,protects the rights and interests of different participants,and comprehensively analyzes and discusses its social effects.Finally,it proposes to adhere to the ethical principle of taking people as the core,promote the standardization of artificial intelligence in Chinese medicine,increase government support,strengthen industry governance,promote technological innovation,and strengthen legislative construction.