Reconstructing Liability Mechanism for Humanoid Robot Accidents

Abstract Humanoid robots, with their capacity for human-like interaction and autonomous decision-making, present novel legal challenges in accident scenarios. This Article argues that existing Chinese accident law cannot fully accommodate accidents involving humanoid robots because hybrid human-algorithm control, adaptive machine learning, and embodied human-like interaction together destabilize traditional assumptions about fault, causation, proof, and remedy. To address these shortcomings, the Article proposes a reconstructed liability system that (1) establishes robust evidentiary processes for determining fault, (2) implements “reasonable person” technical standards for humanoid robot behavior, (3) designates manufacturers as the “least cost avoiders,” and (4) considers behavioral correction and retribution for robots to address victims’ psychological needs. This approach aims to foster an “accidental utopia” where innovation and safety are harmonized.