Research On Tort Liability Of Medical Artificial Intelligence

Human society has experienced four major scientific and technological revolutions,and conditions for emerging industrial revolution are increasingly mature.Artificial intelligence has ushered in the era of intelligent network 4.0 driven by the interconnection of everything and big data.The ever-deepening interaction and feedback relationship between real space and virtual space has created magnificent waves in both theoretical research and practical application.Especially in the field of health care,the combination of artificial intelligence technology and medical activities has given birth to a series of medical artificial intelligence products for intelligent diagnosis,nursing services,health management and surgical treatment,which has greatly improved the efficiency and accuracy of diagnosis and treatment activities.But like "two sides of the coin",the number of medical AI infringement cases caused by emerging technologies is also increasing.The deep learning ability and independent autonomy of medical artificial intelligence may have a profound impact on the traditional subject of infringement,the principle of attribution,causality,etc.,resulting in a series of difficulties concerning the fuzzy positioning of the subject of AI law and the failure of the inclusion between the infringement facts and legal norms.Needless to say,the natural lag of law determines that the application gap between it and emerging things cannot be completely eliminated,and the identification of tort liability of medical artificial intelligence is in a dilemma.However,it is necessary to make optimization and adjustment to maximize the application of legal norms within the practical and feasible scope.Based on this,this paper attempts to make certain efforts to conduct forward-looking and predictive legal research,to balance the relationship between human life safety and the development of artificial intelligence technology,in order to contribute to the endless problem of medical artificial intelligence infringement.In this paper,the birth process of medical artificial intelligence is combined with the existing literature to make a basic definition,and it is summarized that it is directly related to human life and health,performance research and judgment level is difficult,high autonomy characteristics.Then,it leads to the continuous emergence of infringement problems caused by medical artificial intelligence both at home and abroad.There are different views and practices on its legal subject positioning in the academic level and judicial practice,and the problem of unclear legal status is prominent.The existing legal liability models in China,including medical damage liability and product liability,have different application difficulties in practice.Secondly,different theories of the legal status of artificial intelligence are expounded and analyzed,and the legal status of medical artificial intelligence is further clarified by the criterion of "subject eligibility".Combining with the imputation modes of the tort liability of artificial intelligence,including the agent liability mode,legal person liability mode,employer substitute liability mode and animal manager liability mode,the present stage of the imputation mode of medical artificial intelligence in our country is thoroughly analyzed,divided into three modes of medical damage liability,product liability and high danger liability,to discuss the existing obstacles in the application.Finally,in order to effectively deal with the infringement problem caused by medical artificial intelligence,based on the reality of our legal system in the medical damage liability,product liability and high dangerous liability to make the corresponding adjustment and optimization of the three models,expounds the supporting measures to improve the medical artificial intelligence tort liability system,building the solid foundation to properly solve the problem of medical artificial intelligence tort.