The Study On Liability Construction Of Autonomous Cars' Traffic Accidents

Autonomous driving technology can bring social benefits of reducing the probability of traffic accidents,energy-saving and protection of the environment,and enhancing mobility of people.But under the boom of artificial intelligence and autonomous driving technology,we should rationally realize the development of autonomous driving technology can not be achieved overnight,technical defects and the lag of legislation leads to the application of autonomous driving technology brings great challenge to the existing law.Especially autonomous driving technology's autonomous learning and self-help decision-making abilities drives the cognizance of traffic accident tort liability subject fell into great trouble.The cognizance of the liability subject for the accident essentially balance the value between compensating victims and encouraging technological innovation.Therefore,it is of great theoretical and practical significance to explore the imputation path of the liability subject traffic accidents of autonomous carsIn response to legal challenges brought by new technology,there are debates between legislation theory and interpretation theory.There are quite some scholars who advocate to update the existing responsibility law system to solve autonomous car traffic accident responsibilities.Most countries enacted legislation which maintains the existing system of tort liability,and the development of the technology is not fundamentally change the existing conceptual framework.Therefore,this paper hold the view explaining the theory should be the solution of autonomous driving technology's tort liability law system.This article is divided into four parts,autonomous build system of tort liability imputation current path of car traffic accident responsibilities.The first part,clarify the challenges to the current legal system of tort liabilitybrought by self-driving technology.Current modes of traffic accident responsibility are mainly“ drivers liability”and“ product liability”.In the frame of the“drivers liability”imputation mode,after automated driving mode open,the driver of the car decrease the control and even loss,driver status and the change of the duty of care causing driver path of liability fixation of the applicable process encountered obstacles in the frame of the product liability,the technical features of the intelligent driving system of autonomous decision making the cause of the accident is hard to explain,so responsibility requirements of causality is difficult to set up.In addition,autonomous driving technology has not been developed to the highest level,and the second and third categories of exemptions are likely to be abused by manufacturers.The second part,build imputation path of drivers in conditional autonomous cars accident.Firstly,conditional autonomous cars drivers no longer bear all driving mission and duty of care,but the driver shall have the obligation to take over when there is emergency.Secondly,the imputation principle,based on the technical advantage of autonomous cars and evidence provided advantage,traffic accident between conditional autonomous cars with conventional cars shall apply the principle of fault presumption.The third part,build the conditional autonomous cars accidents product liability imputation path.Firstly,on the design defect judgment standards should apply the alternative solution theory from American.And on the cognizance of causality,intelligent system self-help create procedural rules does not necessarily lead to interruption of causality.As long as it is the reasons of intelligent system making the wrong decision,it is enough to establishment causality,the victim takes on obligations to prove a software program operation process mistakes.Lastly,narrow the scale of the second and third product liability exemption reasons.The fourth part,pre-regulates future-oriented autonomous car.Firstly,fully automatic driving cars should not break the bottom line “human control machine”.because human completely give up on control of the autonomous car and human's destiny decided by a machine is irrational.Secondly,fully automatic vehicle traffic accidents,human beings no longer undertake the task driving,so most likelymanufacturer take the main responsibility.If manufacturers bear overweight strict product liability is not conducive to technological innovation,so we should make use of the product liability insurance system to spread manufacturers' risk.In particular,it is to establish “insurance + product liability insurance”the dual track insurance system to protects the victim's right.