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Research On Tort Liability Of Self-driving Car

Posted on:2020-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:H H ShenFull Text:PDF
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The rapid development of science and technology has brought about profound changes in various fields of social life.Recently,artificial intelligence has become a hot topic in the world,which has triggered a heated debate in the scientific and technological community.With the development of artificial intelligence technology,this technology has been applied to various fields of people's life.The automatic driving technology is the latest application of artificial intelligence in the field of transportation.The automatic driving almost replaces the drivers' various reckless driving behaviors.It brings more convenience and safety to people's travel.The development of autonomous driving technology makes the auto-driving car more intelligent.However,advanced technology is also difficult to avoid risks.The world's first autopilot car death case has caused scholars to think about the responsibility of causing damage to autonomous vehicles.The determination of the tort liability for damage caused by an accident in an auto-driving car corresponds to the characteristics of the self-driving car and presents a certain degree of particularity.Regarding the liability of damage caused by self-driving cars,the current legal provisions in China are not involved,so whether the damage caused by self-driving cars can be solved from the perspectives of motor vehicle traffic accident liability and product liability,respectively.The question of responsibility,whether it can directly apply the existing rules of responsibility,deserves our deep thought.On the one hand,due to the high degree of autonomy of autonomous vehicles compared to traditional vehicles,it is quite difficult to determine the fault of motor vehicle traffic accidents based on faults,and the automatic driving system almost replaces human driving.Therefore,this makes the determination of the responsible subject also blurred.Therefore,from the perspective of motor vehicle traffic accident liability,the relevant rules should be fully considered.On the other hand,since autonomous vehicles also have the attributes of products,there will be such a dilemma when applying the product liability rules: self-driving cars have a high degree of autonomous learning and cognitive judgment,and the problems that arise during driving can be directly identified.For defective products;at the same time,the process of forming defects in autonomous vehicle products is different from ordinary products,and the formation of defects is autonomic,which will lead to the ambiguity of the causal relationship between the defective products and the damage caused by accidents,and ultimately make the correlation There is a doubt about the application of the product liability rules.Therefore,the responsibility of accidents in auto-driving cars poses new challenges to China's legal system of tort liability.In response to the above problems,the author tries to compare the foreign rules on civil liability of autonomous vehicles,and learn from the existing advanced legislative experience and practice,in the existing legal framework of tort liability in China,through the existing liability rules.The expansion is applicable to solve the problem of tort liability for damage caused by self-driving cars.The concrete manifestation is as follows: Firstly,expand the scope of the responsible subject,and expand and apply the judgment standard of the traditional motor vehicle accident liability subject,that is,the operational benefit theory or the operational control theory,and establish a diversified responsible subject applicable to the self-driving automobile.Secondly,through the existing rules on motor vehicle traffic accident liability and product liability,the paper will flexibly extend the existing liability rules,such as relaxing the identification criteria for defects and the application of the appropriate imputation principle.Finally,from the perspective of coordinating relief victims and promoting technology research and development and innovation,through the implementation of some supporting systems,such as strengthening the producer's obligation to explain,presumping the identification of defects,and in order to find out the truth of the facts,learn from foreign practices to install black boxes.Technology,etc.,to solve the problem of tort liability of self-driving cars.
Keywords/Search Tags:Self-driving car, Tort liability, Imputation principle, Compulsory insurance
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