European scholars explore artificial intelligence civil liability
July 21, 2021 09:52 Source: "China Social Sciences", July 21, 2021, Issue 2212 Author: Yao Xiaodan

In recent years,Artificial intelligence technology with information technology as the core has received increasing widespread attention。It not only becomes one of the technologies leading a new round of scientific and technological revolution,And is gradually incorporated into people's life,In traffic、Medical、Finance and other fields have been widely used。Experts and institutions in many related fields are thinking,How to promote the development of artificial intelligence technology,To supervise it and reduce the risk related to it。In this background,Civil law scholars also conducted a warm discussion on civil liability related to artificial intelligence。The official website of the British Comparison French Association issued a post on July 2,The Association recently held a network seminar on "Infringement Responsibility Comparison: Civil Liability related to emerging technology",and introduced the main point of view of the participating experts。This reporter interviewed the relevant scholars。

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Article representation,At this online seminar,From Germany、​​French and British scholars jointly discussed the infringement liability related to emerging technologies,For the European Union、Germany、The relevant bet365 Play online games provisions of France and British law have been analyzed and compared,also explored the impact of new digital technology on the infringement liability law and even the entire civil liability system。

Professor Gerhard Wagner, a professor at the Law School of Berlin University of Berlin, Germany, and Ulrich Magnus, a professor at the Department of Law at the University of Hamburg University,At present, Germany is in legislation and practice,It mainly regulates civil liability issues related to emerging technologies by cautiously applying the existing special responsibility system。For example,On the issue of responsibility related to autonomous vehicles,Drives the semi -autonomous vehicle from the fully autonomous vehicle,Applicable different responsibility systems。The so -called semi -automatic driving vehicle,refers to the driver、Vehicles that can interact with the driver through the software program。In Germany,Traffic accidents related to such vehicles and related civil liability issues,Mainly applicable road traffic safety responsibility system,The main undertaking of the responsibility is the person who is driving the vehicle。On the issue of fully autonomous vehicles,It emphasizes the responsibility of the vehicle manufacturer,Think that the main actor in this case is the manufacturer,and when the owner or infringing behavior of the vehicle occurs,People sitting on the driver's seat have actually become passengers。According to bet365 best casino games the current regulations of Germany,Driver must fully understand the situation of autonomous vehicles,And road traffic safety liability is based on compulsory insurance。

Colm McGrath, the lecturer of the London School of London, London, said,At present, British judicial institutions have issued problems related to artificial intelligence,Emphasize in terms of values, focusing on trust and transparency first,But there are still certain differences in the responsibility system that apply in different fields。For example, in the field of autonomous driving,Because Britain is in terms of judging the fault of road traffic safety accidents,Traditionally pays more attention to the influence of the personal behavior of the driver,And most of the main solutions for related liability issues,Not based on product defect liability,So when dealing with the responsibility of autonomous driving,still adopted the victim as the center,Methods that emphasize insurance effects。Although the product liability is not excluded,But the trigger conditions of product responsibility are stricter,It mainly emphasizes the responsibility of the insurance company。In the medical field,The British will have fault as a prerequisite for the responsibility of medical damage involving artificial intelligence,It is believed that although more and more equipment with self -learning systems is applied to the field of medical care,Even the health equipment used by some families also has this system,But it Bet365 app download always provides support for medical decision -making,instead of making decisions for people,Therefore, manufacturers of design systems or manufacturers should be responsible for manufacturers containing such systems,And those who make medical decisions should be responsible for,But the designer and manufacturer should fulfill the information disclosure obligation very well。

 Related issues Key and complicated

Professor Jean of the Law School of the Second University of Paris-Jean-Sébastien Borghetti said,France has a strict regulations on responsibility related to product defects for a long time,And these regulations often focus more on protecting the rights of consumers or users。Contrary to the trend of Germany,The development of new technologies seems to be triggered the return of operators' responsibility in French law。But looking at it for a long time,"One -size -fits -all" solution may not be suitable for emerging technologies,You need to use different systems to regulate the autonomous car、Drone、Questions caused by medical robots, etc.。At the same time, pay attention to the application of causal relationships on issues related to new technologies and contract liability。

Bolgotti said in an interview with this reporter,Artificial intelligence is everywhere in contemporary discourse and collective imagination,It is difficult to define; or you can understand it as a digital computer or a robot controlled by a computer to perform the ability of smart biological tasks。Civil liability is one of the key and bet365 live casino games complicated legal issues related to the use of artificial intelligence。When studying civil liability related to artificial intelligence,It needs to focus on the key factors that cause these problems。These factors can be human behavior,The premise is that the responsibility is based on fault; it can also be a specific type of event or the specific feature of things,This is mostly a situation that is caused by responsibility based on product defects,It is determined depends on the applicable responsibility system。Therefore,Need to know,When the use of artificial intelligence or the existence of damage to the use of artificial intelligence,What kind of responsibility system should may or or should be applied。

Each country has its own responsibility system,Different responsibility systems may be used according to the specific situation and the legal system,But a certain distinction between using a specific liability system and a non -specific responsibility system。If artificial intelligence is used in areas covered by a specific responsibility system,then you can apply a specific responsibility system,For example, in many countries,If a traffic accident occurs in a self -driving car or other transportation,A specific responsibility system aimed at covering such accidents。The non -special responsibility system related to artificial intelligence mainly involves two aspects,That is product responsibility and negligence liability。If someone can prove that someone has negligence or error when designing algorithms,So it is unquestionable to bet365 Play online games ask him to bear the responsibility for any damage caused by his fault or negligence,But it is difficult for people to prove this kind of negligence or fault。other,Whether the software program or algorithm itself can constitute an accident or error,Also a question that people need to think。Our evaluation of fault,Usually the gap between the behavior of the responsible person and the behavior of the standard character,If the behavior of a robot is not enough standard,It is most likely because of its own defects。To determine that this defect will bring product responsibility or negligence liability,The defects in the software program or algorithm should be preliminarized,and the "physical" defect controlled or activated by the algorithm,The latter is just ordinary product defects,Therefore,Ordinary rules in the responsibility of the product。

other,If the robot is awarded a certain legal personality or is considered an agent,So this may stimulate the concept of "robot fault",This may become the basis for the personal responsibility of the robot。but undoubtedly involved the status of the robot's civil subject、Personal rights and other problems,These are very interesting fields that need to be studied urgently。

Editor in charge: Zong Yue
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