On The Distribution Of Tort Liability For Self-driving Cars

With the maturity of self-driving technology,it will become the general trend for self-driving cars to drive on social roads.However,at the current stage of development,it is impossible for self-driving cars to completely avoid traffic accidents.Due to the autonomy and openness of self-driving cars,the traditional tort liability system of motor vehicle traffic accidents is difficult to reasonably allocate the tort liability of self-driving cars in traffic accidents.Therefore,once a traffic accident happens to the self-driving car,how to fairly and reasonably distribute the tort liability of each responsibility subject becomes a difficult problem to be solved urgently.In order to provide a reference for the rational distribution of tort liability of self-driving cars,based on an in-depth study of the development status and particularity of self-driving cars,this paper discusses how to impute liability to the subject of tort liability of self-driving cars and the distribution of tort liability under the existing legal system in China.The first part of this paper discusses the status quo of the development of self-driving cars,the particularity of self-driving cars and the resulting infringement liability distribution of self-driving cars.The second part discusses each liability subject of the tort liability of self-driving cars,and discusses the reasons and conditions for its becoming the liability subject,and analyzes and demonstrates some viewpoints of other scholars.The third part discusses five principles that should be paid attention to when distributing the liability of infringement of self-driving cars,including: filling the damage and relieving the victims,fair and reasonable distribution of responsibility,conforming to the development purpose of self-driving cars,encouraging the development of self-driving cars,and safeguarding the social and public interests.The fourth part is divided according to the main body of each responsibility,respectively discusses the share of tort liability they should bear,the form of tort liability.The fifth part discusses the improvement measures of reasonable distribution of infringement liability of self-driving cars,including the promotion and installation of "black box" of self-driving cars,the establishment of industry standards of technical indicators of self-driving cars and the improvement of insurance system of self-driving cars.