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Research On Tort Liability Of Autopilot Car

Posted on:2020-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:X M QuFull Text:PDF
GTID:2416330578451144Subject:legal
Abstract/Summary:PDF Full Text Request
Chinese scholars have different opinions on the issue of auto-driving car infringement.Some scholars believe that self-driving cars are products,which are blamed according to the provisions of China's current product quality law.Other scholars believe that autonomous vehicles are different from ordinary products,and the problems caused by them are much more complicated than ordinary products.They need to be modified or improved in the existing laws,or a special legal regulation should be drawn up to d-eal with the problem of autonomous car infringement.The author agrees with the second point of view,because the structure of the self-driving car itself is very compli-cated,including non-automatic driving and fully automatic driving.Non-automaticall y driven cars can't be fully automated.It requires humans to stay awake at all times.When the system gives a warning,humans must take over the car in time.Therefore,t-he cause of infringement caused by non-automatic driving vehicles will become dive-rse.For example,infringement occurs during the fully automatic driving process,w-hether the responsibility is borne by the driver or the producer;the infringement is ca-used by the driver during the takeover process.Fault or warning system fault,how to determine the responsibility of the subject? As far as China's current legal regulations are concerned,the principle of imputation to producers is no fault,and the driver is re--sponsible for the fault liability principle.Is it still applicable to fully automated vehicles? Because the fully-automobile car does not need to be manually involved in driving,this is the driver's equivalent to the "passenger" signing instructions.If the driver's fault rule principle is applied,the driver will not become the subject of responsibility.According to this presumption,does the producer have to bear full responsibility for its infringement? If the producer is responsible,it should be determined whether the infringement is caused by defects in the product defect,whether the producer has any relationship with the infringement result,and because the self-driving car has self-learning function,it will continue to self-learn after the car is out.Improve the system,so what kind of accidents will occur when the self-driving car will appear after leaving the factory.The producer can't predict it,then is the producer's exemption applicable? These problems are challenges to the current legal requirements,so we need to improve on the basis of the existing legal system according to the characteristics of self-driving cars,or create.Build a legal regulation on self-driving cars.With the continuous development of soci ety,we have entered the era of artificial intelligence.Although the current autonomou s driving technology is not very mature,I believe that in the near future,autonomous vehicles will gradually replace the status of ordinary manual driving vehicles.Just lik--e a mobile phone replacing a landline,a smart phone replaces a regular mobile phone.Therefore,in order to make it better for development,it is necessary to develop a complete legal system,which is a “reassurance” for consumers.Because there is no com-plete legal support,infringing consumers have occurred in the process of using produ-cts.I can't protect my rights very well.On the other hand,if there is perfect legal sup-port,then consumers have problems,there is a way to understand the problem,and th-ey will use the self-driving car with confidence.In the case of producers,it will prom-ote the development of the industry and protect its interests from damage.
Keywords/Search Tags:Automatic, Driving Liability, Tort Liability, Infringing Subject, Product Liability
PDF Full Text Request
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