| Artificial intelligence has been gradually integrated into the daily life of the people in our country.While bringing convenience,the highly autonomous and intelligent artificial intelligence has caused more and more damage to the personal or property rights of various legal subjects,many problems can not be adjusted,but the existing legislation of our country does not stipulate the problem of artificial intelligence causing damage to human beings,and the application of the relevant rules by analogy can not solve the problem of unclear orientation of the subject who bears the responsibility,some conflicts and gaps with current laws and regulations have gradually emerged,bringing greater challenges to the law.This highlights that tort liability and product liability in the face of AI infringement,because the main body is unclear,the fault as well as the product flaw is difficult to identify and so on the question reveals the predicament.In the face of the negative impact of artificial intelligence,learning from the exploration of the European Union and the United States on the tort liability of artificial intelligence,based on the actual needs of our country,and facing the future adjustment of the composition of norms,our country should try to establish many liability principles in the field of artificial intelligence tort and establish artificial intelligence tort liability compulsory insurance system.This paper analyzes the tort liability of AI from four parts:The first part is an overview of the tort liability of artificial intelligence causing damage.First,it mainly discusses the definition and development of artificial intelligence,from the meaning of artificial intelligence,types,development history and its risks to human society.The second is the definition and typical situation of the tort liability for the damage caused by artificial intelligence.This paper mainly discusses the meaning and characteristics of the tort liability for damages caused by artificial intelligence and typical cases of the tort liability for damages caused by artificial intelligence.The second part is about the tort liability of artificial intelligence.Artificial intelligence(AI)has significant personification characteristics,which leads to some legal difficulties in determining the civil liability of ai for human damage,it includes whether the artificial intelligence product can become the independent responsibility main body,the traditional imputation principle is difficult to apply,the infringement fact and the cause-and-effect relation are difficult to find,these are the new questions which our country traditional civil responsibility system has not anticipated and considered.The third part is about the development and Enlightenment of the system of tort liability for damages caused by artificial intelligence in foreign countries.The United States adheres to the status of legal object of artificial intelligence,taking driverless vehicles as the main regulatory object,and requires them to carry out the whole process and data-based monitoring to solve the problems of fuzzy causal relationship and difficult proof.The EU classifies AI in more detail,recognizes the legal subject status of AI with high degree of autonomy,and proposes to promote the unified technical standards of AI and AI ethical organizations to deal with the distribution of tort liability.The fourth part is to put forward the corresponding legal countermeasures to the problem of artificial intelligence infringement.First of all,strengthen the legal regulation of artificial intelligence causing damage,improve the legislation of artificial intelligence subject,clarify the legal status,establish a new model of artificial intelligence tort liability legislation,and strengthen the legislative protection.Secondly,in the identification of tort liability of artificial intelligence causing damage,we should innovate the proof rules,establish the special rules of causality proof,introduce the inversion system of burden of proof,refine the principle of imputation,and improve the socialized sharing mechanism. |