A Legal and Economics Review of AI Product Infringement Liability Principles——Comments on the EU's Artificial Intelligence Liability Directive
AI products are based on AI technology for the purpose of sales and use.They rely on fixed pro-grams set by developers to make decisions and complete corresponding tasks through calculations.They are widely used in the field of movable property in various industries;Al product infringement liability principles can be roughly divided into three categories:the principle of joint liability tort,the principle of strict liability and the prin-ciple of fault tort.When applying the principle of tort liability,common dilemmas include the lack of"commonali-ty"in liability in the principle of joint tort liability,the"one-sidedness"of the principle of strict liability,and the difficulty in determining"fault"and"causal relationship"in the principle of fault liability.In addition,the subject of responsibility is not clear yet.Based on social cost and principal-agent theory,AI product infringement liability theory can analyze the basic logic of liability from the three dimensions of institutional incentives,informa-tion asymmetry and risk dispersion,in order to maximize social welfare.The European Union's Artificial Intelli-gence Liability Directive(referred to as the"Directive")only stipulates elements such as the burden of proof,evi-dence disclosure,and presumption of causality in addition to general provisions.There are loopholes in the regula-tion of product infringement issues,and the strict liability system established by the"Directive"still remains.There is room for supplementation and improvement.In order to maximize social welfare under the"Directive",this article attempts to apply the strict liability,the principle of fault liability to producers and the principle of resid-ual liability to drivers.That is,if the producer is at fault,the driver and the producer will be share responsibility in their respective shares of liability;if the producer is proven to have followed due care,the accident losses must be borne entirely by the driver to whom the strict liability rules apply.
principles of liability for infringement of AI productslaw and economicsprincipal-agent theo-rysocial cost theoryEU Artificial Intelligence Liability Directive
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