Research On Civil Liability Of Automatic Driving Vehicle Infringement

Self driving vehicle is still an algorithm in essence.Compared with the existing civil subjects,the legal personality is not reasonable,and the self driving vehicle can not assume responsibility alone.Auto-driving has shaken the existing legal framework.It is mainly embodied in three aspects.First,in the civil subject system.Natural persons and legal persons are two main types of subjects in law.Compared with natural persons,self driving cars do not accord with the characteristics of natural persons in terms of physiological or psychological factors.Compared with the legal person,it is not reasonable to make it a legal entity.From the perspective of rights and property rules,there are essential differences between autopilot and legal person.The second is the type of responsibility.After the damage of an autopilot car,the victim can seek protection through product liability for defects or liability for traffic accidents.The third aspect is the subject of responsibility.The responsible subjects are divided into three categories: the owner,the user and the manufacturer of the car.Traffic accident liability and product liability can regulate automatic driving,and inevitably cause problems when applicable.In the responsibility of traffic accidents,the main body of responsibility can be divided into the main body of responsibility of assistant automatic driving.At this stage,whether the owner and the driver are the same person or not to elaborate on the identification of the subject.Under the condition of different people,the technology of automatic driving fails to give enough warning because of its own reasons,and it is enough to cause accidents.The owners and producers of autopilot are responsible for the joint responsibility.If the autopilot system makes a warning warning,the manufacturer can prove that he has no fault and no responsibility.The other part can be divided into L4-L5 level(driverless)traffic accident liability subjects.When the self driving vehicle enters the driverless stage,the identity of the vehicle has become a passenger,and the producer can be regarded as a driver.According to the existing traffic accident liability system,it is possible to investigate the responsibility of the corresponding personnel.In order to share the risk,it is necessary to establish the automatic driving insurance system.Because the automatic driving vehicle is different from the ordinary car,the existing insurance system is not conducive to the development of the automatic driving vehicle.Ourinsurance system should make corresponding changes.For example,the premium payer should include the producer;the insurance coverage should be extended to the drivers in the automobile,etc.In addition,autopilot also has a greater impact on product liability defect identification,exemption reasons and causality.In the aspect of product defect identification,it can be mitigate by the method of risk return analysis,but the most mature one is to set up the industry standard and national standard that accord with the development of the automatic driving vehicle.The exemption of defects can be regulated by expanding or limiting interpretation to the responsibility of self driving automobile manufacturers.The identification of causality.The installation of black boxes for autopilot should be a mandatory requirement,which will help to find out the facts.