Identification of artificial intelligence infringement liability(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2018年04期
- Page:
- 56-63
- Research Field:
- 交通运输
- Publishing date:
Info
- Title:
- Identification of artificial intelligence infringement liability
- Author(s):
- XU Hui-meng; WANG Fei-xiang
- School of Civil， Commercial and Economic Law， Henan University of Economics and Law，Zhengzhou 450046， Henan， China
- Keywords:
- artificial intelligence; accountability studies; exemplification; autonomous cars; infringement subject; infringement liability
- PACS:
- D912.1
- DOI:
- -
- Abstract:
- The laws of manycountries lack a proper basis for the right of claim in identifying the subject of artificial intelligence infringement. The limited expressionsforthe objects in Continental law system and AngloAmerican law system also leaves artificial intelligence an ambiguously identifiedlegal subject. In order to clarify the relationship between different subjects in artificial intelligence product infringement cases and confirm whether artificial intelligence is qualified as a subject, we take autonomous carsas an example.The real right attribute of artificial intelligence products is defined by physical, social and psychological factors, from which we get the product nature of autonomous cars, thus defining the subjects of liability: producers, sellers, designers and operators. Based on the Infringement Liability Law of the People’s Republic of China (hereafter referred to as “Infringement Liability Law”) and Product Quality Law of the People’s Republic of China (hereafter referred to as “Product Quality Law”), we compared the relationship among producers, sellers, designers and operators, andset three infringement scenarios: the autonomous car and pedestrians, the autonomous car and ordinary car, and the autonomous car and other autonomous cars toidentify the legal status of the four subjects in infringement of artificial intelligence products. In the case of artificial intelligence infringement, the burden of proof will be assigned to the infringementsubject, who will prove that there is no fault on its side. On the one hand, it elevates the burden of proof from the victim, and on the other hand, the causal relationship can be successfully established between the infringementand the results. The results show that artificial intelligence itself cannot bear the infringement liability as the liability subject, but can share the liability with the infringements subject as the object according to the law governing the objects. When the infringement facts emerge, different imputation principles are applied to different subjects, so that the liability can be reasonably distributed.
Last Update: 2018-10-16