The formulation procedure of the Chinese AI Law should be synchronized with the revision of the Product Quality Law to ensure that the rules of AI product safety and product liability are coordinated.Tangibility is not the criterion to judge artificial intelligence products,AI output information has the possibility of becoming a product,and the distinction between AI products and services needs to be classified.In the judgment of product defects,the formulation of technical standards should particularly consider the new safety needs of AI products,and the identification of unreasonable dangers requires comprehensive product descriptions,the impact of other products,self-learning,upgrading and other subjective and objective factors.The determination of causality needs to distinguish between assisted AI and substitutive AI,reasona-bly judge whether AI autonomous behavior and user behavior constitute alternative causes,and introduce the rule of pre-sumption of causation.In terms of the reasons for exemption,the application of the later defect defense needs to consider the characteristics of AI product upgrading and self-learning,and the application of the development risk defense should be limited by distinguishing AI with different risks and setting up tracking and observation obligations,and there is no need to create a separate open source defense.
AI lawAI productsproduct defectscausalityexemption
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