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机器人责任I:法律挑战

Liability for robots I: legal challenges

Journal of Institutional Economics · 2021
被引 16
人大 BABS 3

中文导读

分析了机器人事故带来的新型法律问题,评估了政策制定者在监管机器人侵权时面临的法律挑战和制度前景,为后续提出混合责任模型奠定基础。

Abstract

Abstract In robot torts, robots carry out activities that are partially controlled by a human operator. Several legal and economic scholars across the world have argued for the need to rethink legal remedies as we apply them to robot torts. Yet, to date, there exists no general formulation of liability in case of robot accidents, and the proposed solutions differ across jurisdictions. We proceed in our research with a set of two companion papers. In this paper, we present the novel problems posed by robot accidents, and assess the legal challenges and institutional prospects that policymakers face in the regulation of robot torts. In the companion paper, we build on the present analysis and use an economic model to propose a new liability regime which blends negligence-based rules and strict manufacturer liability rules to create optimal incentives for robot torts.

机器人侵权法法律经济学责任制度人工智能