Research On Tort Liability Of Medical Of Medical Artificial Intelligence

With its advantages of strong learning ability,long working hours,large data processing capacity and high accuracy,atificial intelligence(AI)is playing increasingly important role in the fields of aerpspace,mecidical treatment,heavy industry manufacturing,transpotation and logistics,as well as judicial trials.The development of AI technology is increasingly changing human social life.In the medical field,the application of AI technology has improved the accuracy of diagnosis and the accuracy of surgical operation,but the uncertainty of the consequences of the application of artificial intelligence,a "double-edged sword",has become a huge challenge for current technology and law.Especially in the field of diagnosis,treatment and surgery,the accuracy of AI cannot reach 100%due to the limitations of technology and knowledge.Once the AI causes personal damage to the patient due to its own defects,the victim’s rights cannot be adequately remedied.According to the existing legal system,AI does not have the status of civil legal subject,it should still be defined as "thing",even if the victims can get compensation,at least one third of their rights cannot be fully relieved.Based on the current situation,this paper hopes to explore feasible ways for the problems faced by medical artificial intelligence in the diagnosis and treatment of infringement through the analysis and explanation of many liability rules.The research focus of this paper is tort liability for diagnosis and treatment of medical AI agents.In the analysis and research,domestic and foreign journals,monographs,industry research reports,laws,policies and rules,etc.,are collected to provide theoretical and policy basis for this paper by summarizing and analyzing the research status of artificial intelligence tort liability outside the region and the domestic research situation.By collecting medical damage liability disputes from 2019 to 2020 using the artificial intelligence body,analysis involves artificial intelligence that medical tort case applicable law in our country’s current situation,on this basis,through analysis,comparison,found in the specific case of dispute,the difficulties faced by applicable law.Finally,it puts forward the construction of the reasons for the exemption of tort liability for medical artificial intelligence in China and the reference scheme for the improvement of related supporting systems.Based on the analysis of the liability principles,application difficulties and constituent elements of medical AI,this paper holds that the liability subjects of medical AI’s diagnosis and treatment infringement not only include designers,manufacturers,sellers and actual users,but also include AI itself.Under the condition of high autonomy,artificial intelligence should be endowed with the qualification of legal subject,so that it can bear the tort liability of diagnosis and treatment independently through the way of personality creation,so that the rights of victims can be fully remedied.In the aspect of the liability of artificial intelligence,this paper thinks that the compulsory insurance system and the artificial intelligence deposit fund system can be considered to solve the problems related to the liability payment of artificial intelligence.In tort liability cognizance and bear,and put forward the medical institutions and producers of liability for and focused on the review of artificial intelligence system internal problems that link,can absorb the black box in the field of aviation technology,equipped with the black box in artificial intelligence body before they leave the factory,to link records deep learning information,diagnosis and treatment of operation process and error link,in order to find out the reason for the error.