Since J. McCarthy and other scholars proposed the concept of
“artificial intelligence” in 1955, artificial intelligence has been gradually
applied in the public and private sectors. However, the application of
artificial intelligence may bring benefits to mankind, but it may also
bring harm to mankind. How to prevent the harm that artificial
intelligence may bring is a major issue and problem in the legislative
policies of every state. From the perspective of legal regulation, the first
two problems are: one is whether artificial intelligence can be used; the
other is how to pursue liability if the use of artificial intelligence harms
the rights of others. This article mainly focuses on the application of
artificial intelligence in the public sector, exploring whether the public
sector can use artificial intelligence to complete national tasks, that is, the
permissibility of the state’s application of artificial intelligence, and the
state's liability when the state's use of artificial intelligence to exercise
public power results in illegal infringement of people’s rights. In the part
about state liability for damages, it involves whether the state should be
held behaviorally or materially responsible for the actions of artificial
intelligence; if it is behaviorally responsible, whether the law should be
revised to adopt dangerous (no-fault) liability; and how to compensate
the infringement of the right of self-determination of personal data.