Analysis of the Difference between the Liability for Infringement of Artificial Intelligence Products and the Liability for Subsequent Observation Obligations

DOI: https://doi.org/10.62517/jel.202414211

Author(s)

Bingjun Chen

Affiliation(s)

Law School of China Jiliang University, Hangzhou, Zhejiang, China

Abstract

Currently, artificial intelligence is entering a rapidly developing era. Artificial intelligence technology is growing rapidly. Artificial intelligence technology can already be applied to various fields of social life, and artificial intelligence products with artificial intelligence technology as the core are abundant. Artificial intelligence products have been integrated into the lives of ordinary people. Due to the autonomy of artificial intelligence products, they may work in an unmanned state at certain times, resulting in infringement liability that may cause personal or property damage to others during the operation of artificial intelligence products. There are two ways to pursue accountability: one is to directly pursue the infringement liability of artificial intelligence products, and the specific subject who caused the infringement of artificial intelligence products shall bear the infringement liability; another approach is to pursue the responsibility of the producer and seller of artificial intelligence products for their subsequent observation obligations. The reason is that the producer and seller of artificial intelligence products fail to fulfill their subsequent observation obligations, resulting in the failure to detect defects in the artificial intelligence products in a timely manner and resulting in subsequent observation obligations. The responsible parties are the producers and sellers of artificial intelligence products.

Keywords

Artificial Intelligence Products; Obligation to Observe Products in the Future; Product Infringement Liability

References

[1] Niu Tianbao Negation and Construction: Criminal Law Response in the Era of Artificial Intelligence - Analysis of Criminal Liability for Artificial Intelligence Robot Infringement of Legal Interests. Journal of Southwest University of Science and Law, 2020, 22 (01): 96-108 [2] Li Chenpeng on the Tort Liability for Damage Caused by Artificial Intelligence Products. Guizhou University, 2021 [3] Liu Jia'an. Principles and attribution of liability for motor vehicle traffic accidents. Policy and Law, 2010, (5): 10-17 [4] Zhang Xinbao, Ren Hongyan. Product Responsibility System in China: Adherence and Innovation. Northern Law, 2012, (3): 5-19 [5] Ran Keping Research on Product Liability Theory and Case Studies. Peking University Press, 2014:178 [6] Ma Yu Legal Analysis and Regulatory Path of Artificial Intelligence Tort Liability. China Price Regulation and Anti-monopoly, 2024, (01): 17-20 [7] Wei Yihua, Yu Aisi. Principles of Responsibility for Artificial Intelligence Products from the Perspective of Law and Economics. Journal of Social Sciences, Jilin University, 2020, 60 (2): 110-118221 [8] Dong Biao. Research on New Civil Liability Rules in the Era of Artificial Intelligence. Beijing: China University of Science and Law Press, 2021 [9] Chen Simin Research on ChatGPT Infringement Liability. China Arab Science and Technology Forum (in Chinese and English), 2023, (12): 148-152 [10] Xiong Jinguang "Research on Safety Care Obligation in Tort Law". Law Press, 2007