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Studies On Legal Problems Of Social Relief Fund For Crashes Of Autonomous Vehicles

Posted on:2020-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:J H LuoFull Text:PDF
GTID:2416330590458739Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,China's autonomous driving automobile industry has developed rapidly,and the problem that comes with it is that legal regulation and industry standards are seriously lagging behind,which greatly hinders its development.From the perspective of legal regulation,there are almost no legal norms concerning the legal status and legality of autonomous vehicles in China.Moreover,it is impossible to solve the road traffic accidents caused by self-driving vehicles in time merely based on the tort law and insurance law under the current legal framework,leading to the untimely and inefficient relief for victims of road traffic accidents in autonomous vehicles.Therefore,this paper proposes to establish a national self-driving car social rescue fund to compensate for the damage suffered by the victim.Specifically,this paper is divided into four chapters:Part one firstly introduces the concept and classification of self-driving cars,then explores the characteristics of autonomous vehicles,mainly about the unpredictable nature and qualitative feature of the subject,the crux of interpretation of accidents and the vulnerability of causality as well as the uncertainty of driving levels and drivers.In the meanwhile,this chapter deals with the legal regulation obstacles of road traffic accidents confronted by autopilot vehicles,mainly the legitimacy of driving on the road and the uncertainty of the subject.By comparing the ways of relief for victims through tort liability relief and insurance system relief in the context of self-driving road traffic accidents both home and abroad,part two comes to the conclusion that despite the fact that the tort liability relief and insurance relief can compensate the victims' losses to certain extent,but both of them have their own shortcomings and deficiency.In short,under the current China's legal framework,tort law relief and insurance remedies do not provide victims with full and effective remedies.The third part proposes to establish a social rescue fund system for road traffic accidents in China.This chapter is discussed from three angles: the first is the necessity of establishing such sort of social relief fund;the second is the legal nature of self-driving cars,including the definition,its form and content together with the function plus its nature of China's self-driving car social relief fund;the third is the legal characteristics of the social relief fund for road traffic accidents caused by self-driving car,which are as follows: the specific salvage target,the low rescue target,the consistency in the functional and liability with compulsory insurance,and the subrogation mechanism.The fourth part is about the institutional thinking of China's self-driving car social rescue fund.It mainly analyzes that the proposed social rescue fund should adhere to the legislative model combining central legislation and local legislation.Furthermore,it discusses the specific rules of social rescue fund,such as the source of fund,management and supervisory body,compensation mechanism,etc.
Keywords/Search Tags:self-driving car, road traffic accident, social rescue fund
PDF Full Text Request
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