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Research On Tort Liability Of Traffic Accidents In Self-Driving Cars

Posted on:2020-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:G Z WuFull Text:PDF
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In recent years,the discussion about artificial intelligence technology has become more and more fierce.The combination of artificial intelligence technology and traditional motor vehicles has changed our driving style.At the same time,it has also triggered our thinking on the principle of liability and the distribution of responsibility.Think about whether the existing legal system can adapt to the problems caused by new a self-driving car.According to the current international classification standards,the automatic driving technology is divided into six categories according to the degree of automation of a self-driving car:from 0 to 5,there are no automatic driving,driving assistance,partial automatic driving,conditional automatic driving,and high altitude.Driving,fully automatic driving.This article focuses on the issue of tort liability for fully autonomous vehicles.From the content point of view,the full text is mainly divided into seven parts.The first part of the article is about the relevant regulations on unmanned car traffic accidents at home and abroad.According to the analysis,foreign countries maintain a positive and relaxed attitude towards the future development of driverless cars.Driverless car driving test on the road.However,at the same time,it is required that there must be natural persons on the driverless car to control the vehicle at any time.The German law also requires the installation of black box recording data in the driverless car to facilitate the determination of the final traffic accident liability.In contrast,domestic law has not yet been officially regulated.Basically,some scholars have expressed some opinions on driverless vehicles,such as the view that driverless cars have dual attributes.The second part of the article mainly discusses the necessity of the existence of driverless cars and the identification of the nature of driverless cars.Although scholars have different opinions on the nature of driverless cars,for example,some scholars advocate "tools".Some scholars advocate the "agent theory theory" and so on,but in fact the driverless car is not separated from the current civil law system of the "human" and "object" dichotomy.As a product of human wisdom,driverless cars are inherently subordinate,and they are still human driving tools in essence,and they still belong to the category of "objects." The third part to the sixth part of the article are the research on the liability system of traffic accidents for driverless cars,including traffic accident liability and product liability.In general,after a traffic accident occurs in an unmanned vehicle,the traffic accident liability must first be determined in accordance with the relevant provisions of the Road Traffic Safety Law.If the responsibility for the accident should be borne by the driverless car,then the specific responsible person is determined according to the specific reasons..In the traditional traffic accident liability,the natural person in the car is responsible for the accident caused by his own behavior,but in the condition of the driverless car,the natural person in the car does not participate in the driving process.If the traffic accident occurs because of the driverless car,you can first let The natural person in the car assumes no fault liability,and then judges whether or not to assume product liability according to whether the natural person legally uses the driverless car,and the main responsibility of the product liability is mainly the producer and the seller.The last part of the article is the comparison of product liability and traffic accident liability.From the principle of liability to the competition of responsibility,the two kinds of responsibility differences are understood in a comparative way,and it is also conducive to the accurate distribution of traffic accident liability and product liability after the accident.
Keywords/Search Tags:a Self-Driving Car, Traffic Accident Liability, Product Liability
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