1. How to define the tort liability of artificial intelligence?
Judging from the current law, the subject of tort liability can only be a civil subject, and artificial intelligence itself is still difficult to become a new subject of tort liability. Even so, the identification of artificial intelligence tort liability also faces many practical problems. After the infringement, who is the owner of artificial intelligence should be responsible, and there seems to be no dispute in law. "However, the specific behavior of artificial intelligence is controlled by the program. When infringement occurs, whether the owner or the software developer is responsible is debatable. "
Similarly, when a driverless car causes damage and infringement to others, is the driver or the owner of the car responsible, or is the car manufacturer or the developer of autonomous driving technology responsible? Is it necessary for the law to formulate special tort liability rules for driverless cars? These problems deserve further study.
In reality, the imputation principle of artificial intelligence tort liability may involve more dangerous liability or no-fault liability. For example, no-fault liability can be applied to injuries caused by driverless cars, regardless of product liability or motor vehicle traffic accident liability. But what needs to be considered in the future is whether the application of artificial intelligence technology itself belongs to highly dangerous operations (such as drones), which determines whether the liability for damage caused by highly dangerous operations is applicable.
Second, the constitutive requirements of tort liability
Tort Liability Law of People's Republic of China (PRC)
Article 2 Where the scope of protection infringes upon civil rights and interests, it shall bear tort liability in accordance with this Law.
The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Article 6 The principle of fault liability If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
1, illegal act. It means that the behavior carried out by the actor violates the prohibition or mandatory provisions of the law.
2. The existence of destructive facts. It includes both damage to public and private property and damage to non-property rights.
3. Causality. There is a causal relationship between illegal acts and damage facts. In other words, the fact that the damage is caused is due to the implementation of illegal acts. If the fact that the damage is caused is not caused by the implementation of illegal acts, it does not constitute infringement.
4. The actor is subjectively at fault. Fault is a subjective factor in the constitutive requirements of tort. As long as the actor is subjectively at fault, whether intentionally or negligently, generally or grossly, he should be liable for compensation.