Research On Tort Liability Of Autonomous Vehicle's Traffic Accidents

With the development of artificial intelligence technology,self-driving cars have come into people's life and may be widely used in the near future.Although intelligent vehicles facilitate the daily life of human beings,they also bring great challenges to the existing laws.Autonomous driving technology is still in the process of exploration and development,the relevant practical activities have not been fully carried out,and the opportunity for special legislation is not mature enough.In this context,it is necessary to study its tortious liability for causing human damage.Under the current legal framework,traffic accident liability or product liability shall be applicable should be depend on the technical classification.At the same time,in order to properly handle the infringement responsibility of intelligent vehicles,we should actively and steadily promote the improvement of the rules,establish the rules of tort liability cognizance,reduce the design flaws of intelligent vehicles in the product liability as the judgment standard,and build product liability compulsory insurance system for the producer,build safety record system of intelligent vehicles.On the basis of the SAE grade,the author divide the intelligent vehicles into man-machine driving and fully automated driving two types according to whether the smart car in the process of driving which require the participation of human driver,and puts forward the intelligent vehicles infringement in the current plight of the three on the applicable law,the tort liability type is difficult to determine,the imputation principle is yet to be clear that the main responsibility and difficult.After respectively according to the three problems were analyzed,and based on the relevant practice of outside,put forward on the tort liability types should be a motor vehicle traffic accident liability and responsibility with product quality,the imputation principle should be accordingto the different situation to determine the differentiation of imputation principle,on the cognizance of the main responsibility in accordance with the classification of intelligent technology that different responsibility main body.Finally in the improvement of the current legal system and other related system construction,advances some Suggestions on their own,increase on the tort liability act section artificial intelligence product tort liability rules,article76 of the law on road traffic safety of motor vehicles in scope extends to the smart car,make corresponding change,the license system of smart car set special licences,lower standard of identifying a defect in the "product quality standard",adjust ground for relief accordingly,establish intelligent car classified management and evaluation system of safe driving,build system of double insurance and the system of smart car safety record.