论人工智能的民事责任:以自动驾驶汽车和智能机器人为切入点

On the Civil Liability of Artificial Intelligence

随着自动驾驶汽车等智能机器人的自主性、学习和适应能力不断增强,一方面很难将其看作是人类手中的简单工具;另一方面伴随而来的可预测性、可解释性、因果关系等问题将使得证明产品缺陷责任等既有侵权责任变得越来越困难,可能带来责任鸿沟,使得被侵权人的损害难以得到弥补。面对可预期的责任挑战,侵权法、合同法等法律规则的不充足性和局限性将逐渐显现出来,对新的法律规则的需求也将变得越来越迫切。为此,欧盟、英国、美国等已经开始探索新的责任框架。为了更合理、有效地对智能机器人造成的损害分配法律责任,严格责任、差别化责任、强制保险和赔偿基金、智能机器人法律人格等都是潜在的法律方案;但立法者或者法院最终选择何种方案,需要进行全方位的论证,以便实现法律的利益平衡目的。

With their increasing autonomy and abilities to learn and adapt, on one hand, it is more difficult to consider intelligent robots such as autonomous vehicles as simple tools in the hands of humans ; on the other hand, the problems of foreseeability, interpretability and causality that come along will make it more and more difficult to prove tort liability such as product defect liability, which may create a liability gap so as to make it harder for the irffringed to recover their dama- ges. Facing the anticipated liability challenges, the insufficiency and limitation of legal rules such as tort law and contract law will gradually become manifest, and the need for new rules will become more and more urgent. For this reason, EU, UK and USA have already begun to explore new liability regimes for intelligent robots. In order to more reasonably and suf- ficiently assign responsibility for the damages caused by intelligent robots, strict liability, differential liability, compulsory insurance and compensation fund, and legal personality for intelligent robots are several potential legal solutions; however, that the legislator or court will ultimately choose which solution still needs an all - round justification for the purpose of bal- ance of interests in the law.