人工智能危险责任适用的动态理论与要素

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中图分类号：D923 文献标识码：A D0I:10.7535/j.issn.1671-1653.2025.05.006

Dynamic Theory and Elements for the Application of AI Risk Liability

GAO Jiaxuan

(School ofCivilandCommercial Law，Southwest UniversityofPolitical ScienceandLaw,Chongqing 40112o，China）

Abstract: Artificial intelligence （AI） does not have consciousness and lacks the possibility of being the subject of infringement liability. AI technology cannot simply adopt specific forms of responsibility，nor should it completely exclude the application of specific forms of responsibility. AI technology is potentially dangerous， and the risk prevention involves the value conflict between freedom and regulation，as well as the rights and interests conflict of relevant actors，so the risk liability has the justification of application. In the specific application，the dynamic measurement system should be introduced to significantly increase the risk，the actual compensation ability and insurance ability，the risk prevention possibility and its cost benefit as the three elements of the basic evaluation;In the stage of imputation form measurement，the significant increase in risk should be given priority，and the three elements are complementary to each other; In the stage of measuring the scope of liability， the actual compensation capacity， the insurance capacity， the possbility of risk prevention and its cost benefit should be given priority，and they are related to the defense cause，and the three elements are restricted to each other.

Keywords:risk of artificial intelligence；artificial intelligence infringement；risk liability; dynamic system theory;significantly increased risk

继AlphaGo、自动驾驶汽车后，生成式人工智能ChatGPT、DeepSeek等崭露头角，“人工智能 + "的应用场景不断扩展。（剩余15075字）