关键词: “人工智能+”, 新质生产力, 医疗AI, 个体赋权, 监管体系, 医疗侵权, 算法相对人

Abstract: The “AI+” initiative has become one task that the government takes on. “AI+Healthcare”, while it has been experiencing a robust growth, is facing a lot of risks including endogenous and derivative risks in technological security, difficulties in aligning human-machine values, troubles in balancing different ethical demands, dilemmas in medical digital gap, and problems in addressing medical unfairness. Moreover, there have arisen risks such as how to protect the privacy and personal information rights of patients, and how to define infringement liability of AI medical service. To explore the governance paths of “AI+Healthcare” based on patient empowerment, it is necessary to form a systematic mechanism of front-end empowerment, middle-end regulation and back-end responsibility, i.e., at the front-end are empowered the individual rights so as to establish a data rights system and an AI algorithm rights system; at the mid-end is strengthened the operation supervision system of AI medical service, thus witnessing self-supervision, specialized supervision, and risk supervision; at the back-end is improved the infringement recovery system of AI medical service in three aspects: the legal object status, tort liability rules and compensation sharing mechanism.

Key words: “AI+” initiative, new quality productive forces, AI medical service, individual empowerment, supervision system, medical infringement, algorithmic counterpart