Study On The Tort Liability Of Unmanned Vehicle

With the emerging development of unmanned vehicle,as a new mode of travel unmanned cars not only make the traffic more convenient,but also triggered people's thinking about road safety related issues.The occurrence of traffic accidents may cause some obstacles to the development of unmanned cars.So how to deal with the problem of liability for infringement caused by traffic accidents of unmanned cars,it becomes the key of promoting the development of this new mode of transport.When dealing with the tort liability of unmanned car traffic accidents,it is necessary to solve the problem of the determination of the subject of liability and the application of the principle of attribution of liability.Therefore,based on the analysis of the traffic accident cases of unmanned driving vehicles that are frequently sent out today,this paper discusses the traditional driver's liability and fault mentality based on the autonomous operation and data dependence of autonomous vehicles.The transfer of applicable issues,to explore the current laws and regulations in accordance with the rationale of treatment measures to clarify the handling of unmanned car traffic accidents doubts,promote benign development of the industry,and deal with the harmonious development of people and cars.The first part of this article introduces the concept and features of unmanned technology and unmanned vehicle in detail,and contrasts their own characteristics with legal practice to trigger discussions on the specific issues of the infringement of the unmanned vehicle and the specific issues of liability for infringement.The second part discusses the legal subject qualification of unmanned cars.Based on the classification of civil subjects in the existing legal system,the author discusses the liability of related parties in the tort liability of unmanned car traffic accidents.The third part analyzes in detail the application situation and judging standard of fault in the constitutional elements of tort liability of unmanned vehicles,and the controversy over the nature of infringement of unmanned vehicles.The fourth part discusses the application of the principle of imputation for the subject of tort liability of unmanned vehicles under the existing principles of imputation,as well as the deductive reasoning applicable to the tort liability.Through premise identification and legal logic analysis,this article discusses the characteristics of unmanned driving,driver safety,high efficiency,and ease of traffic congestion of unmanned vehicles,and concludes that the infringement behavior of unmanned vehicles in traffic accidents is a kind of quasi-tort.Because of the autonomy and non-human nature of the subject of injurious behavior,the criteria for judging the fault can be objective criteria.The unmanned car can be qualified as a legal subject and obtain the legal status as the subject of litigation.Regarding the constitutional elements of the tort liability for traffic accident damage,it adhered to the connotation of the four elements and affirmed the compatibility of existing liability principles for the tort liability of unmanned vehicles.