Research On The Liability Of Autonomous Driving Vehicles

With the rapid development of science and technology,human society people's lives have changed,the more we find that our lives are full of "intelligent" machines,and they become more and more intelligent,that is,autonomy and adaptability is increasing,so that our government can not enact or adjust the law of their own,including "intelligent Robot" and human's code of conduct,"intelligent robot" the use of norms and legal responsibility,which "intelligent robot" to the legal challenge is mainly embodied in tort law and product liability field,automated driving as a product of the development of artificial intelligence challenges are also facing this."Unmanned driving" refers to the use of vehicles placed in the sensor,computer,radar and other high-tech and equipment,that is,relying on intelligent driving system to replace the human driver to the overall environment of the road to perceive and make decisions to achieve the vehicle's own space position movement.Unmanned vehicles are also vehicles equipped with drive systems,but unlike the traditional car is no longer set the steering wheel,brake,throttle and other operating carrier,but the intelligent system with artificial intelligence and equipped with radar,laser sensors,car networking systems and other equipment,based on the depth of learning target recognition,and then decision-making control,To execute the decision,the intelligent system can replace the human to make all the decisions,such as through the network of things between cars and cars to achieve mutual understanding to avoid each other,avoid pedestrians,obstacles,and turn,speed,parking,calculate any factors that affect the security of the operation.The drastic changes in autonomous vehicles are not limited to the car industry and the way people travel,with the development of unmanned driving,the intelligent road system,vehicle networking and smart city infrastructure that needs to be perfected continuously and unmanned driving work together to improve the safety,efficiency and economy of road traffic,and to reduce traffic accidents to the greatest extent.Alleviate traffic congestion,reduce energy consumption,improve the air environment quality;The popularity of autonomous vehicles also drives the development of network communications,large data services,chips and other related industries.However,autonomous vehicles also brings new challenges to society,individuals,law and ethics.How to divide the liability subject of traffic accident tort?How to deal with the relationship between personal privacy and security and data sharing?How to prevent hacker intrusion and protect network security?How to design the collision plan in front of moral ethics?These are problems that unmanned manufacturers and governments and individuals need to address.Among them,the most urgent and most important thing is how to determine the subject of the tort liability of the unmanned vehicles,according to the regulation of the existing traffic regulations is the subjective fault of the perpetrator on the basis of the Division of responsibility,but based on the characteristics of unmanned vehicles,"driver"(rider)no longer operate the vehicle driving,What is the fault of no human driving behavior?Most of the accidents occurred in the manufacture of defects,design flaws,programming vulnerabilities or even unexplained causes of the system failure,but also partly because of the user's fault,at this time,the existing product quality law product defects liability can not comprehensively regulate the legal liability of autonomous vehicles,therefore,New rules of responsibility need to be built.This paper tries to construct a new responsibility rule and demonstrates it from the methodology of legal economics.Finally,the paper puts forward some suggestions on the problems related to autonomous vehicles.