人工智能体侵权责任研究

On Tort Liability of Artificial Intelligence

随着人工智能体自主性的不断增强,当下我国的侵权法理论体系已然不能充分地界定人工智能体的法律主体地位,并且对人工智能体的侵权行为引发的责任归属主体和责任范围的界定也不够明确。人工智能体日益成为人类社会不可或缺的一部分,为规制人工智能体引发的侵权责任,我国立法可立足于人工智能体发展的阶段性特点与侵权的复杂性特征,科学借鉴外域立法,提出主体义务划分理论、区别对待原则及保险“三层结构”等措施,以积极应对人工智能体对传统侵权责任体系的冲击。

Because of the greater autonomy of artificial intelligence(AI),the present theoretical system of tort law in China has become inadequate in defining the legal subject status of AI,as well as in delimiting the subject and scope of its responsibility for AI tort.AI is increasingly becoming an indispensable part of the society.In order to regulate AI tort and cope with the shock to the traditional system of tort liability,it was suggested in the paper that the experience of legislation in foreign countries be drawn on scientifically and the phased features of AI development and complexity of tort be considered.On the basis of this,the measures were proposed for the legislation in our country,including the theory of subject duty division,the principle of discrimination,and the tristructural insurance.