Tort Liability Analysis On Autonomous Vehicles

Along with the rapid development of artificial intelligence,the research on autonomous driving technology has made a major breakthrough,and the autonomous vehicle enters the public daily life just around the corner.As the development direction of the future car,the autonomous vehicle is supported and recognized by all countries because of its broad application prospects and great commercial value.It also brings many challenges to modern law.How to regulate it is a major issue to be solved now.The autonomous vehicle subverts the traditional responsibility of motor vehicle traffic accidents based on the driver’s subjective fault.The dispute over the legal subject status of this emerging product begins with the definition of the subject of tort liability,the determination of causality,and the way of responsibility.Many regulatory issues,and under the traditional responsibility framework,these problems have not been properly resolved,so we need to develop and improve the existing legal system.Under the current technical conditions,since autonomous vehicles are not biological,ethical and social,it is not appropriate to give them civil legal subjects,but they should be regulated as objects of civil legal relations.The challenge of autopilot cars to the traditional tort legal system is mainly reflected in the driver’s qualification transfer,the complexity of the subject and the determination of causality.Combined with the characteristics of the infringement and the analysis of the possible path of the current law,we should think that the autopilot will be driven.Automobile infringement is included in the scope of product liability regulation.On the basis of the principles and commitment methods of traditional product liability,the scope of responsibility is expanded,and the causal relationship is estimated and the tracking defects are added.In addition,through the establishment of special joint liability,exemption and compulsory insurance system,to balance the burden of producers,encourage innovation and development of the industry,and provide adequate relief for victims.In addition to the introduction and conclusion,this article is divided into three parts:Self-driving cars is challenging the current law.This part defines the definition of autonomous driving vehicles discussed in this paper according to the classification system of self-driving cars in the world.Through the research and analysis of the qualification theory of artificial intelligence legal subjects,it is proved that autonomous vehicles do not have the qualification of civil legal subjects.Should be the object of civil legal relations.Under thispremise,the particularity of the damage caused by self-driving cars and the resulting challenges to the current infringement law on the qualifications of driving,the subject of responsibility and the determination of causality are discussed.Regulate the possible response path and evaluation of the infringement liability of autonomous vehicles.This part discusses the possible countermeasures for the auto-driving car damages under the current tort law and compares the responsibility of motor vehicle road traffic accidents,the substitute liability of the employer,the animal tort liability,the high-risk liability,the nuclear accident liability and the product liability.The application of this issue is possible.Through the above comparison and analysis,it is more reasonable to derive the reference product responsibility to regulate the damage caused by the self-driving car.The construction of the infringement responsibility of self-driving cars.This part draws on the research paradigm of traditional tort law and compares it with the general product liability.It demonstrates that the autopilot car damage is based on the principle and component of the liability of tort liability,the subject of responsibility and the form of responsibility,and the reasons for mitigation and exemption.The basic of the auto-driving car tort liability framework based on current product liability.