Artificial Intelligence Civil Tort Liability Research

In the era of big data,the field of artificial intelligence has been developing rapidly.With the continuous progress of science and technology,the types of artificial intelligence are becoming more and more diverse.The emergence of intelligent agents such as driverless cars,robots in the medical industry and Alphadog has attracted wide attention from all walks of life.While artificial intelligence brings dividends to human society,it also inevitably hides risks.At present,the technology development in the field of artificial intelligence is not yet mature,and human beings still have certain unknowability,unpredictability and uncontrollability to it.Especially the artificial intelligence with higher intelligence,because of its autonomous learning ability,can get rid of the direct control of human beings to a certain extent.When infringement accidents are caused by artificial intelligence automation,China’s current legislation does not respond to the identification of its liability,which makes it difficult to identify the liability for human damage caused by artificial intelligence.Based on this situation,this paper is committed to discussing legal issues such as the subject of tort liability,the recognition of liability and the general rules of liability assumption for artificial intelligence-induced damages on the basis of the current legislative norms and drawing on the existing research results at home and abroad and the advanced experience in judicial adjudication.In addition to the introduction and conclusion,the article has four chapters.The first chapter mainly introduces the legal challenges caused by the infringement of artificial intelligence.The autonomy,uncontrollability,unpredictability and complexity of artificial intelligence in function lead to the difficulty in identifying artificial intelligence tort liability in current law.The second chapter mainly discusses the definition of the subject of artificial intelligence infringement.Firstly,it introduces the theoretical disputes in the academic circle,including the negation theory,the affirmation theory and the compromise theory.By analyzing the legal basis and social basis from multiple perspectives,it is proved that artificial intelligence cannot be the subject of tort liability,which provides a theoretical basis for the subsequent discussion.Even a strong artificial intelligence cannot have the same ability of meaning expression and consequence consciousness as human beings,and it cannot get rid of the tool nature in essence.Artificial intelligence can only be identified as the object of rights,and it cannot become the subject of tort liability.The third chapter mainly studies the general rules for the specific determination of artificial intelligence tort liability,and determines the applicable specific principle of imputability,the determination standard of causality and the reasons for exemption.The application of the principle product liability should be expanded to include the designer of artificial intelligence in the scope of the subject of liability.For product quality defects,the burden of proof should be inverted.The product quality is not defective and there is no subjective fault of the user and the third party.From the perspective of the balance of interests,the principle of fairness can be introduced to distribute the responsibilities,so as to balance the rights and obligations of the parties.In order to determine the standard of causality,the theory of equivalent causality and partial causality should be applied reasonably,and the burden of proof should be distributed in order to solve the dilemma of difficult to determine causality.The fourth chapter mainly discuss assume tort liability of artificial intelligence,artificial intelligence,the quality of the product defects caused by the designer’s reason,shall be borne by the producers and sellers,the designer will not really joint and several liability,the designer is ultimately responsible,and distinguish to discuss joint and several liability,according to the responsibility,the specific application of imputation should be determined according to different forms of tort.The scope of the subject of product liability should be expanded to include the designer of artificial intelligence in the scope of the subject of liability.For product quality defects,the burden of proof should be inverted.The product quality is not defective and there is no subjective fault of the user and the third party.From the perspective of the balance of interests,the principle of fairness can be introduced to distribute the responsibilities,so as to balance the rights and obligations of the parties.In order to determine the standard of causality,the theory of equivalent causality and partial causality should be applied reasonably,and the burden of proof should be distributed in order to solve the dilemma of difficult to determine causality.The fourth chapter mainly discuss assume tort liability of artificial intelligence,artificial intelligence,the quality of the product defects caused by the designer’s reason,shall be borne by the producers and sellers,the designer will not really joint and several liability,the designer is ultimately responsible,and distinguish to discuss joint and several liability,according to the responsibility,the specific application of responsibility of single case.In the way of taking responsibility,we should add new modes of taking responsibility,such as forced repair,forced destruction,deletion algorithm and stopping production.In addition to the legal liability,for artificial intelligence with high risk degree,the artificial intelligence insurance system and rescue subventions system can be set up and the "dual-track system" can supplement the relief path.