Liability and Proof Allocation in Artificial Intelligence Medical Infringement Disputes
Infringement liability and proof allocation in civil medical disputes related to artificial intelli-gence(AI)medical technology has become an increasingly important legal topic.Different countries have different distribution mechanisms of AI infringement liability.In China,AI medical infringement li-ability has two attributes:medical damage liability and product liability.It is a general rule in civil cases to allocate the burden of proof according to the classification of legal elements in substantive law.Howev-er,in view of the technical particularity and partial evidence in AI medical treatment,it is necessary to apply the burden of proof allocation rule in the theory of dangerous domain.The court needs to reverse and/or reduce the burden of proof in AI medical disputes according to specific circumstances;in the mean time,the court can also investigate evidence according to the application of the parties involved,and balance the evidence collection ability of both parties through issuing orders in documents.
artificial intelligence(AI)medical disputeproduct liabilitymedical damage liabilityburden of proofthe theory of dangerous domain
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