Research On Tort Liability Of Intelligent Medical Robot

The rapid development of artificial intelligence makes intelligent robots no longer just a story in science fiction or movies,but accelerating into our lives.Medical treatment is one of the fields in which intelligent robots are the first to land,the fastest developing,the most closely integrated and the most affected.The development of intelligent robots in the medical field is deepening constantly,especially in many core fields such as diagnosis,treatment,nursing and health management.The intelligent medical robot,which has been studied in advance,has changed the original legal model of infringement,and the infringement problem brought by it has gradually surfaced and been paid attention to by the world.This paper analyzes and studies the tort liability of intelligent medical robots from five parts:The introduction mainly introduces the background of the infringement of intelligent medical robot,then expounds the necessity of the research,and briefly introduces the research status at home and abroad and the basic ideas and innovations of this paper.The first part mainly introduces the concept of intelligent medical robot,and from the development of intelligent medical robot,discusses the nature of tort liability dispute of intelligent medical robot.The second part mainly introduces the tort liability subject of intelligent medical robot and its disputes.Firstly,it discusses the legal personality affirmation and legal personality negation of intelligent medical robot.Secondly,it discusses the obligations of the responsible subject in each link from the four aspects of design,production,sales and use.The third part mainly introduces the constitutive elements and exemption reasons of the tort of intelligent medical robot.Firstly,starting from the traditional concept of tort,it judges whether the tort is constituted by analyzing the illegality,damage result,subjective fault and causal relationship of the four elements.Secondly,consider whether there is a reason for exemption from liability;Furthermore,this paper makes a brief analysis of the similarities and differences between the two types of applicable tort liability from the perspectives of product liability and medical damage liability.The fourth part mainly introduces the intelligent robot medical tort liability settlement mechanism of form a complete set,the fair principle,the specific is introduced from the legislation on tort liability allocation model,followed by the reform of compulsory liability insurance system for intelligent medical robot and the establishment of reserve fund for intelligent medical robot.Finally,clearly strengthening government supervision is also an effective measure for the development of intelligent medical robot industry.The fifth part makes a prospect for the development of intelligent medical robot in China,and summarizes and hopes for the tort liability system of intelligent medical robot.