Research On Tort Liability Of Driverless Cars

With the arrival of the fourth industrial revolution,driverless cars are coming into our lives from the screen just around the corner.Driverless cars can greatly alleviate traffic congestion,provide people with safe and efficient travel,and have huge economic and social value.To complete autonomous driving activities,driverless cars must rely on unmanned driving systems,which completely liberate humans from the traditional role of "driver".The development of high technology will inevitably bring about new legal issues.Even if the technology is further developed,driverless cars cannot provide absolute security for human life and property.Compared with the infringement of traditional motor vehicle traffic accidents,the infringement of driverless cars has certain similarities with the former,but it also has its unique features.China's current motor vehicle traffic accident infringement rules are constructed with humans as the object of adjustment.What rules apply to driverless car traffic accident torts have become a hot topic in today's academic circles.At present,basic theories about driverless cars,such as concepts and characteristics,have not yet reached consensus internationally.First of all,to explore the relevant rules suitable for the tort liability of driverless cars,it is necessary to accurately define the basic concepts and characteristics of driverless cars,as well as to accurately grasp the classification standards of driverless cars.Regarding the classification of driverless cars,the standards set by the International Association of Automotive Engineers are generally adopted,and the autonomous driving level is divided into six levels,and the driverless car belongs to the highest level.Second,in order to ensure the stability of the law,look for infringement rules that can be applied to driverless cars in the existing legal rules.At present,there are two mainstream views in the academic world.One is the application of relevant rules of motor vehicle traffic accident infringement;the other is the application of product liability infringement regulations.When a traffic accident infringement occurs on an unmanned vehicle,the preliminary identification of the accident liability should be based on the road traffic accident infringement rules,and further analysis of the cause of the accident should be carried out if the responsibility rests with the motor vehicle.The types of liability for self-driving cars causing damage are similar to those of traditional motor vehicle traffic accidents.When the traditional motor vehicle traffic accident "the motor vehicle side" assumes responsibility,it is said that the dual system of "operation control" and "operation benefits" is adopted.During the driving process,the user is not in the "operation control" position,but this does not It does not mean that the responsibility of the user is completely excluded.As the owner of the "operational benefit",it should bear the duty of care for the daily maintenance,repair and system upgrade of the vehicle.When a traffic accident occurs on a traditional motor vehicle,the traffic police's liability determination according to the relevant rules is not significantly different from the traditional motor vehicle infringement,and the current liability determination rules can continue to be applied.When the responsibility is attributed to the driverless car,in view of the use of the driverless car the lack of professional knowledge,and the self-driving system has a high degree of self-learning characteristics and the existence of technical black boxes.The further cause of the accident,in order to reduce the burden of certification for self-driving car users,it may be considered by the country to set up a special agency for responsibility determination.If the product defect leads to a motor vehicle traffic accident,the relevant product liability rules apply,but there are differences between the product and the driverless car in the "Product Quality Law",such as the definition of the category,the identification of defects,the proof of causality,etc.The algorithm used by the driving system has unpredictability and unpredictability of risk,so it should be selectively applied in combination with the characteristics of driverless cars.The reason why the existing legal rules cannot be directly applied to the infringement of driverless cars is partly due to the different adjustment objects of these rules;on the other hand,the main position of artificial intelligence products represented by driverless cars is not clear.The definition of the status of the main body of driverless cars is the premise of the application of the law of infringement accidents.There are different views in the academic circles on whether the law should give artificial intelligence products an independent legal personality.With regard to the current level of intelligence of driverless cars,it is too early to give them an independent subject status.Therefore,when a traffic infringement occurs,the driverless car will be the object and cannot bear the tort liability independently.Risk prevention and governance in the era of artificial intelligence represented by driverless cars,on the one hand,we must do a good job in formulating relevant rules and standards,and we can learn from relevant foreign regulations;On the other hand,we must try to strike a balance between encouraging technology promotion,upgrading and protecting victims.