The Civil Liability of Artificial Intelligence System Users—Focusing on Autonomous Vehicles

• Main Authors: CHANG, CHAN, 張湛
• Other Authors: JSENG, PIN-CHIEH
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/9cwbqk

碩士 === 國立中正大學 === 財經法律系研究所 === 107 === Autonomous vehicles, one of the most crucial parts of artificial intelligence, will soon be mass-produced and commercialized. Especially when the concepts of drivers and driving no longer exist in level 4 and 5 autonomous vehicles, it raises an important issue about the imputation in a car accident. In U.S. Law, the liability in the car accident is transformed from autonomous vehicles users to manufacturers. Meanwhile, the concept of manufacturer enterprise responsibility is also proposed as a solution, in which the manufacturers share the liability of personal damage caused by the autonomous vehicles. In our country, we can use product liability enacted under article 7 of Consumer Protection Act to tackle the problem of liability in an accident. Furthermore, service liability in Consumer Protection Act, which the manufacturers should compensate consumers or the third parties when the transportation service they provide fails to meet the contemporary technical and professional standards with reasonably expected safety, can be used to deal with the problem as well. The author tries to examine Contract Law in our country with autonomous vehicle. First, autonomous vehicles will concern issues related to defect warranty and the liability of non-performance after they are commercialized. Among others, the establishment of accessory obligation and collateral obligation is prominent. Besides, the transportation service with autonomous vehicles are related to the contract of hire of work and carriage of passengers. The author tries to blaze a trail by observing the autonomous vehicles as quasi-entities to deal with the humanlike characteristic of artificial intelligence, and hope to construct a more rigorous legal system.