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Research On The Subject Of Tort Liability Of Autopilot Vehicle

Posted on:2020-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:L L MaFull Text:PDF
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The emergence of self-driving cars can be described as a revolution in the automotive industry,where people can reach their destination by sitting in a comfortable car listening to music and watching a movie.The highly intelligent self-driving vehicles are more convenient and safe than the traditional ones.The traditional cars are mainly human drivers.The self-driving cars break this tradition,from driverless to driverless,so once there is a traffic accident,How to determine the responsibility is the current realistic problem.The whole article is divided into three parts: introduction,trunk and conclusion.The structure of this paper is as follows:The introduction mainly describes the background and significance of this paper,and describes the structure of the thesis in detail,referring to the domestic and foreign research on this topic.The next part is the text.The first chapter is the question of this article,mainly elaborated the self-driving vehicle tort liability problem,first of all,the concept,the characteristic and the infringement particularity carries on the simple introduction to the self-driving automobile,secondly,through the analysis of domestic and foreign judicial cases,it is found that the self-driving vehicle traffic accident has the difficulty to identify the responsible subject,how to apply the principle of imputation to different responsible subjects,and how to bear the automatic responsibility in different stages.Finally,the comparative law analysis is carried out to analyze some legislative practices made by some foreign countries on this issue.The second chapter is the key part of the article,mainly around the main body of self-driving vehicle type analysis,compared with the traditional car,listed the self-driving vehicle when the traffic accident can be attributed to the main responsibility.Then it analyzes the subject of tort liability of self-driving vehicle in different automation stages,and demonstrates the principle of liability imputation applied by different subject of responsibility.At last,the exoneration of the subject of tort liability which can be imputed to self-driving car is also explained.In the last chapter,some suggestions are put forward to bear the tort liability of self-driving vehicle,and the author mainly puts forward some countermeasures from the aspects of law and supporting measures.First,it is proposed that special laws be formulated to regulate the legal problems of self-driving vehicles,that the black box technology be introduced to clarify the distribution of responsibilities in traffic accidents,and that the principle of multiple liability be reconstructed to fill the loopholes of the existing laws.Secondly,it suggests the establishment of a double insurance mechanism,the allocation of liability for tort damages to users and producers,and the establishment of a strict regulatory system,from the research and development of the system to the operation of the system,and to formulate strict system standards.Control risk from source to each link,reduce the occurrence probability of tort damage.In the face of the challenge of autonomous driving technology,the author hopes that the protection of rights and the innovation of science and technology can go hand in hand.On the basis of the experience of foreign legislation,the author chooses a suitable way to regulate the tort liability of autonomous driving vehicles.
Keywords/Search Tags:Automatic driving, The subject of responsibility, The principle of liability, Comparative law
PDF Full Text Request
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