冲突法视角下人工智能侵权法律适用问题研究

Research on the Application of Law to Artificial Intelligence Infringement from the Perspective of Conflict of Laws

摘要: 人工智能技术的跨境应用打破了传统侵权法律关系的物理边界，使涉外侵权冲突规范面临严峻挑战。文章从冲突法视角出发，以我国《涉外民事关系法律适用法》的现行规则为基础，结合近年域内外典型司法案例，系统剖析涉外人工智能侵权在法律适用中面临的识别困境、侵权行为地认定困境、法律选择方法适用障碍以及例外规则适用困境。在此基础上，从立法完善、现行法解释论调适及多元共治三个维度提出规则因应方案。研究认为，在专门立法出台前的过渡期内，应通过目的性扩张解释将人工智能侵权纳入既有冲突规范框架，增设最密切联系例外条款以增强法律选择的灵活性，并推动跨境证据协作与判决互认机制建设，从而在技术创新激励与受害人权益保护之间实现动态平衡。

Abstract: The cross-border application of artificial intelligence technology has broken through the physical boundaries of traditional tort legal relationships, posing severe challenges to conflict rules for foreign-related torts. From the perspective of conflict of laws and based on the current rules of China’s Law on the Application of Law to Foreign-Related Civil Relations, this article systematically analyzes the dilemmas in the application of law to foreign-related AI infringement, including the ambiguity of characterization, the difficulty in determining the place of tort, the obstacles in applying law selection methods, and the application dilemmas of exception rules, with reference to typical judicial cases both at home and abroad in recent years. On this basis, the article proposes institutional solutions from three dimensions: legislative improvement, interpretive adjustment under the current legal framework, and multi-stakeholder co-governance. The study concludes that during the transitional period before specialized legislation is enacted, purposively expansive interpretation should be adopted to incorporate AI infringement into the existing conflict rule framework, an exception clause based on the closest connection principle should be added to enhance the flexibility of law selection, and mechanisms for cross-border evidence collaboration and mutual recognition of judgments should be promoted, so as to achieve a dynamic balance between technological innovation incentives and the protection of victims’ rights and interests.