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Research On Tort Liability Of Traffic Accidents Caused By Self-driving Cars

Posted on:2020-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:R L WangFull Text:PDF
GTID:2416330596484872Subject:Law
Abstract/Summary:PDF Full Text Request
At present,the development situation of self-driving cars is very good.In order to support and regulate its development,some foreign countries either revise existing regulations or formulate new policies and regulations.In our country,in addition to road test norms of self-driving cars,only the relevant provisions of the Tort Law can regulate it.However,from the development momentum of self-driving cars,it has or will exceed the scope of the existing Tort Law.In this case,once traffic accidents occur in self-driving cars,there is bound to be a lack of legal basis for the determination of responsibility.Therefore,this paper starts from the definition of self-driving cars,discusses the challenges brought by self-driving cars traffic accidents that current Tort Law may face,and studies the relevant foreign regulations,and proposes the countermeasures of Tort Law and Insurance Law.The full text is divided into four parts:The first part is an overview of self-driving cars.On the one hand,the concept related to self-driving cars is distinguished,and its technical classification is introduced in detail,and it is defined as a new car equipped with autopilot system,which is regarded as the research object of this paper.On the other hand,aiming at the legal status of self-driving cars,this paper makes an in-depth study on whether it belongs to legal person or object,and finally defines it as objects.The second part is the challenge of the self-driving cars traffic accidents to current tort liability system.This part studies the regulations related to self-driving cars traffic accidents in the current Tort Law.It is considered that the self-driving cars traffic accidents will bring the following challenges: the responsibility subject in the motor vehicle tort liability is difficult to determine,the fault is difficult to judge,and the defects in product liability is difficult to identify and the causal relationship is difficult to prove.The third part is the comparative study of self-driving cars traffic accident liability.This part carries on the comparative research to the United States,Germany,the United Kingdom on the responsibility for self-driving cars traffic accidents.It is concluded that the regulations in the United States are more general and regulatory in nature,and the German regulations are relatively detailed and suitable for the distribution of responsibilities,and Britain mainly regulates the liability of insurance.The fourth part is the construction of the responsibility system for the accidents of self-driving cars in China.This part is the research focus of this article.First of all,this paper analyzes the special regulations on self-driving cars in China,pointing out the shortcomings of their existence,that is,the legal effect is low and can not meet the current needs.Secondly,it proposes countermeasures in Tort Law,introduces the no-fault liability of the self-driving cars holder,and perfects the producer responsibility.Finally,it proposes countermeasures in the Insurance Law,by expanding the scope of liability insurance,the self-driving cars are included in it,and at the same time,the producers are increased as policyholders.
Keywords/Search Tags:Self-driving cars, Traffic accidents, Tort liability, Institutional construction
PDF Full Text Request
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