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Research On Tort Liability Of Unmanned Vehicles In Traffic Accident

Posted on:2020-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:G W QinFull Text:PDF
GTID:2416330575462376Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Artificial intelligence technology,which is widely used in unmanned vehicles,will be rapidly popularized in the future,but it will also cause some problems.For example,we need to think about road traffic safety-related issues caused by unmanned vehicles.The damage to human health and property safety caused by traffic accidents will bring shackles to the development of unmanned vehicles to a certain extent.Therefore,an in-depth analysis of the tort liability caused by unmanned vehicles in traffic accidents and some legislative suggestions for its development will become the key step in accelerating the development of unmanned vehicle,which is a new type of transportation.Among them,there are two major problems that need to be solved.And they are classification and identification of the main body and application of doctrine of liability fixation about the tort liability of unmanned vehicles in traffic accident.This paper mainly discusses the tort liability of unmanned vehicles in traffic accident,which is divided into five parts.The first part analyzes the connotation of unmanned vehicles,defines that the unmanned vehicles is running as the fully automated driving stage,sums up a conclusion that the unmanned vehicles have complicated personification,and summarizes the three major challenges of the unmanned vehicles to the tort liability of the traditional traffic accident.Then,the second part makes a feasibility analysis about the five main bodies that may bear the responsibility for unmanned vehicles in traffic accident.And the third part mainly discusses the nature of the unmanned vehicle tort in traffic accident,focusing on the application and identification standard of the fault in the tort liability of unmanned vehicles in traffic accident.The author also makes a realistic analysis of causality,which is one of the constituent elements of determining tort liability.The fourth part specifically discusses the application of doctrine of liability fixation of different subjects of responsibility,and summarizes the three general defenses.Finally,the fifth part,aiming at some legal challenges of the tort liability of unmanned vehicles in traffic accident in chapter 2,puts forward four legislative suggestions,which mainly include the establishment of a strict and continuous monitoring mechanism of supervising subject that has the unity of power and responsibility for producers,the reform of the existing driving qualifications and cumulative points-scoring system,the installation the "black box" that identifies defects and the establishment of the provincial "black box" analysis center,"double insurance" system and compensation fund matching system.At present,artificial intelligence is in the forefront of the development of science and technology,and the autonomous unmanned system installed in unmanned vehicles is one of the core technologies of artificial intelligence technology.After the unmanned vehicles replace the vehicles with artificial driving mode,the traditional tort liability system based on the driving behavior of natural persons can not be fully applied to the traffic accident of the unmanned vehicles.Thus,it is necessary for us to improve the existing system of tort liability for traffic accidents,not only to protect the victims,but also to adhere to the principle of encouraging technological innovation.As for the tort of traffic accidents caused by unmanned vehicles,the users,the manufacturers and the operation and management parties may bear legal responsibility.Besides,the users shall apply the doctrine of liability fixation of liability for fault,the manufacturers shall first apply the principle of presumption of fault and apply the strict liability in specific circumstances,and the principle of liability for fault is applied by the operation and management parties.The innovation of this paper is that aiming at the tort of traffic accidents caused by the unmanned vehicles,the countermeasures in accordance with the current Chinese laws and regulations and legal principles are systematically analyzed,and the confusion about the handling of the unmanned vehicles in traffic accident can be solved clearly so as to promote the rapid and benign development of the new high-tech industry of unmanned vehicles and form a harmonious interactive and communicative relationship between people and vehicles.
Keywords/Search Tags:unmanned vehicles, traffic accident, tort liability, doctrine of liability fixation
PDF Full Text Request
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