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Tort Liability Theory Of Self-driving Car Traffic Accident

Posted on:2020-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y W TangFull Text:PDF
GTID:2416330572994051Subject:Civil and Commercial Law
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Artificial intelligence is a frontier and hot issue in the development of science and technology.The automatic driving technology that applied to the automobile industry is the focus of the development of the industry.Automakers such as Google and Tesla are on the road to turning autonomous cars from science fiction to reality.In China,the planning of self-driving cars began in 2014 and was listed by the State Council in the key areas of national intelligent manufacturing development in 2015.The domestic Internet giant “BAT” also began to flood into the field of autonomous vehicles.As a new thing,the complexity of autonomous driving technology and the impact on people's existing concepts make the infringement problem of autonomous vehicles after traffic accidents become a problem,the division of responsible subjects,the setting of fault principle,the improvement of insurance system,etc.Both have become problems and the current legal system is facing challenges.This paper is divided into four parts,starting from the challenge of the law of self-driving cars,discussing the subject of responsibility for autonomous vehicles traffic accidents,introducing the current viewpoint and the division criteria of this paper,and dividing the self-driving cars into three according to the degree of automation.At the stage,and establish the composition of the responsible subjects under different stages,mainly to study the fault,exemption and infringement facts to identify the problem.Finally,some suggestions on the responsibility of the autonomous car infringement liability are made from the aspects of the driver's responsibility,compulsory liability insurance and liability compensation fund,information collection and privacy protection.The first part: starting from the development of self-driving cars,presenting examples of accidents,and briefing on the legislative practice of countries to solve the problem of lack of auto-driving car legislation from different angles and different paths,and then to autonomous vehicles To define the problem,refer to the international legislative definition and specialization grading standards,as well as the domestic normative documents,and finally determine the responsibility discussion for the three stages.And to analyze the legal challenges faced by them,to understand the existing tort liability system,the auto-driving car can be applied to the provisions of motor vehicle traffic accident infringement,and the distinction between driver liability and retention responsibility,and product liability problem.It also clarifies the research significance of the tort liability of autonomous vehicles.It is to ensure that all parties assume their due responsibilities through legal regulation and jointly promote this industrial innovation that is of great significance to the development of human society.The second part: Introducing the existing views on the subject of infringement of autonomous driving vehicles is mainly divided into the main body of consumer responsibility,said the main body of the manufacturer's responsibility,the liability insurance theory and the independent driving responsibility of the self-driving car,introducing and analyzing various viewpoints.And raised the issue of network infringement that may be involved.After analyzing the problem of tort liability of autonomous vehicles,this paper believes that the automatic driving system should be divided into three stages according to its intelligence degree.In the case of these three stages,the division and discussion of the responsible subjects are carried out.The distinction defines the extent to which each individual assumes responsibility.Regarding the issue of network infringement,the specific problems and the status quo of international legislation were investigated and researched,and suggestions for solving this problem were put forward.The third part: For the liability composition of the auto-driving car traffic accident infringement,this paper studies the subjective fault of the driver who needs to face the current imputation principle,how to identify the subjective fault of the driver in the self-driving car,analyzes The contradiction between the principle of no-fault liability and the principle of technical neutrality of producers arising from product liability.In addition,the problem of proof of product defects and the contradiction between data collection and personal privacy in the identification of infringement facts has also been analyzed.For the identification of exemption reasons,the identification of defects is still established under the clear three-stage classification criteria,and the developmental characteristics of defect identification are emphasized,and the difficulty in identifying the development risks in the exemption of producers is recognized.Introduced and studied with foreign practices.The fourth part: This paper puts forward some supplementary suggestions for the responsibility of the autonomous car tort liability,including the driver's responsibility to bear the lack of the current driving qualification after the auto-driving car enters the market,and puts forward the entry barrier for reducing the driver's qualification,reform score The solution to the punishment system,the improvement of the insurance system is mainly reflected in the expansion of the main body of the compulsory liability insurance system and the increase of the insured amount.The establishment of the liability compensation fund includes the transformation of the main body and the transformation from the traditional annual fee to the real-time auto insurance.In addition,in terms of the balance between data collection and personal privacy protection,there are restrictions on data information management and privacy protection.Finally,it is proposed to establish flexible ethics guidelines to provide guidance.
Keywords/Search Tags:Self-driving cars, Liability for tort, Principle of imputation, Product liability
PDF Full Text Request
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