The Research Of The Civil Liability Of Human Injury Caused By Self-driving Vehicle Infringement

In recent years,with the development of autonomous technology,autonomous cars have gradually stepped out of the laboratory to enter the phase of public road test.Autonomous cars are expected to bring about subversive changes to the way people travel.However,automatic driving vehicle cannot avoid the damage caused by traffic accidents,no matter how secure they seem.The civil liability of autonomous vehicle infringement caused by human drivers is gradually transferred from the driver to the vehicle,for the reason that the autonomous cars possess strong capability of autonomy,learning and adaptability.Therefore,the issue of the liability for tort has increasingly catch the public’s eyes.First of all,this paper analyzes the legislative evolution and value orientation of autonomous cars in the aspect of the legal characteristics,infringement type,and legal relation,reveals the unique attributes of autonomous cars affecting the selection of the principle of liability fixation for tort civil compensation,summarizes the deep logic of law and reveals the value of the principle of imputation of auto driving vehicle infringement.Secondly,this article analyzes the civil liability conflict of between autonomous cars torts and for vehicle traffic accidents.Basing on the theory of general principles of civil law and the principle of no fault imputation,it is believed that the principle of no fault imputation should be used for the damage caused by the infringement of autonomous cars.The principle of no fault imputation is beneficial for victims to receive timely treatment and compensation,which is in line with the needs of modern tort law.Third,this paper discusses whether the traffic accident by human behavior should be blamed on traffic liability or product liability under the principle of no fault imputation and will conclude that the application of product liability is more in line with the nature of the infringement of auto driving vehicle.However,due to the predictability,interpretability and causality of autonomous cars,the product liability system under the current legal framework is challenged,and it is necessary to further improve the system of product liability in China.Finally,based on the foregoing research,this paper proposes the installation of the car black box to reduce the victim’s proof,and constructs the civil liability system of automatic driving vehicle infringement through the principle of no fault imputation and negligence offset,and proposes to perfect the multiplex guarantee methods of product tort liability and the design of double insurance liability system so as to establish civil remedies for the damage caused by automatic teansmission.