使用人工智能技术造成损害的责任

Q3 Arts and Humanities
R. Maydanyk, N. Maydanyk, M. Velykanova
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引用次数: 4

摘要

最近快速发展的人工智能技术,加上无可争议的优势,也造成了许多危险,实施这些危险会造成伤害。对此类损害的赔偿提出了有关主体、造成损害的行为本身、因果关系等问题。由于对使用人工智能技术的关系的法律规定不完善,以及对使用数字技术造成的损害的赔偿的司法实践不充分或不明确,情况也变得复杂。因此,本出版物的目的是概述对使用人工智能技术造成的损害适用法律责任的方法。在运用辩证法、协同法、比较法、逻辑教条主义等方法进行系统分析的基础上,本研究分析了人工智能技术损害赔偿责任的法律规制现状,并探讨了运用人工智能技术对损害赔偿责任适用的途径。特别是,得出的结论是,尽管欧洲议会通过了几项决议,但与人工智能技术的使用以及对人工智能造成的损害适用法律责任的关系尚未得到最终的法定法规。监管框架只是在制定中,数字技术领域的行为规则仍在制定中。包括乌克兰在内的国家面临着使人工智能技术使用领域的立法符合国际法规的任务,以保护人权和公民权利与自由,并确保对此类技术的使用提供适当保障。协调立法的优先领域之一是解决使用人工智能技术造成的损害的法律责任制度问题。今天的这种制度是严格的赔偿责任和基于有罪原则的赔偿责任。然而,一个特定政权履行威慑和补偿使用人工智能技术造成的损害的能力鼓励了科学讨论
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Liability for damage caused using artificial intelligence technologies
Artificial intelligence technologies, which have recently been rapidly developing, along with indisputable advantages, also create many dangers, the implementation of which causes harm. Compensation for such damage raises questions regarding the subjects, the act in itself which caused the damage, the causality, etc. The situation is also complicated by the imperfection of statutory regulation of relations on the use of artificial intelligence technologies and the insufficiency or ambiguity of judicial practice on compensation for damage caused using digital technologies. Therefore, the purpose of this publication is to outline approaches to applying legal liability for damage caused using artificial intelligence technologies. Based on a systematic analysis using dialectical, synergetic, comparative, logical-dogmatic, and other methods, the study analysed the state of legal regulation of liability for damage caused using artificial intelligence technologies and discusses approaches to the application of legal liability for damage caused using these technologies. In particular, it was concluded that despite several resolutions adopted by the European Parliament, relations with the use of artificial intelligence technologies and the application of legal liability for damage caused by artificial intelligence have not received a final statutory regulation. The regulatory framework is merely under development and rules of conduct in the field of digital technologies are still being created. States, including Ukraine, are faced with the task of bringing legislation in the field of the use of artificial intelligence technologies in line with international regulations to protect human and civil rights and freedoms and ensure proper guarantees for the use of such technologies. One of the priority areas of harmonisation of legislation is to address the issue of legal liability regimes for damage caused using artificial intelligence technologies. Such regimes today are strict liability and liability based on the principle of guilt. However, the ability of a particular regime to perform the functions of deterring and compensating for damage caused using artificial intelligence technologies encourages scientific discussion
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