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Research On Tort Liability Of Traffic Accidents For Vehicle In Automatic Mode

Posted on:2020-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShenFull Text:PDF
GTID:2416330572999487Subject:Law
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Traffic caused by the artificially intelligent auto-vehicles is quite different from traditional vehicle.The analysis method of traditional vehicle traffic tort liability is centered on the “driver's negligence”,which needs to be changed.We must adopt different liability rules according to levels and characteristics of the auto-vehicle,and precisely analyze the liability of auto-vehicle traffic infringement.Based on the grading idea,I mainly analyze traffic infringement of the auto-vehicle that functioned under auto-driving mode in this thesis.First of all,the analysis of tort liability is based on the understanding of the concept,characteristics and grade of artificially intelligent auto-vehicle.Generally,there are five periods of the auto-vehicle.Auto-driving system will dominate the driving at level three.From literal aspect,Auto-vehicle that has different stages of development can be concluded by traditional vehicles.It has characteristics of anthropomorphism,mode selectivity and network information.Secondly,there are three views of the legal status of auto-vehicle which is affirmative,negation and compromise,but I think objectivism view on tortfeasor is still suitable for analysis of liability in the coming future.The auto-vehicle is still essentially a product.Other analysis methods for auto-vehicle tort liability are more defective than product liability.Thirdly,through the analysis of relevant foreign laws and regulations,product liability will be more suitable for China in the coming future.We can take the black box system,insurance and fund system as auxiliary measures.Finally,in order to build tort liability of the traffic auto-vehicles in China,we use the of product liability and no-fault liability as an analysis manner under the autodriving vehicle mode in analyzing the auto-vehicles traffic.The manufacturer of the auto-vehicle is the tortfeasor under most circumstances.Judging by the complexity of the artificial intelligence of auto-vehicle,we need to apply some auxiliary measures.On the one hand,we can use black box technology to record and analyze data,while establishing black box analysis center to solve the lability in complex situations.On the other hand,compulsory dual-insurance system of product and vehicle and fund system must be founded.The compulsory dual-insurance system is paid first,mainly to alleviate the pressure on the product manufacturer and to compensate the victim.The social fund system is used as remedies in the case of product manufacturers who have excuses,in order to resolve the tort issues brought by auto-vehicle.
Keywords/Search Tags:Auto-vehicle, Product liability, No fault liability, Auxiliary measures
PDF Full Text Request
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