Research On Tort Liability Of Intelligent Vehicle Traffic Damage

In recent years,smart cars have attracted much attention,foreign well-known enterprises such as Google,Durham Benz and Tesla have made good achievements in the development of smart cars,China's Baidu company is also interested in the product development of smart cars,and launched the smart car rental business in the second half of 2019.The development and promotion of intelligent automobile is the inevitable result under the trend of intelligent human society,but at the same time,we should also note that there are great differences in the operating structure between intelligent automobile and traditional motor vehicle,and the resulting liability for damage will be different from that of traditional liability,so we still need to consider the existing road traffic laws and regulations established Whether the tort liability system can effectively cover the tort liability of intelligent vehicles.Therefore,the purpose of this paper is to explore the responsibility of intelligent vehicle tort,using comparative analysis,normative analysis and other research methods,from the definition of intelligent vehicle concept characteristics,the necessity of intelligent vehicle legal regulation,the legal problems in the responsibility of intelligent vehicle and the analysis of the specific concept of intelligent vehicle responsibility.In the first part,the concept,characteristics and grade of intelligent vehicle are summarized,and the characteristics of intelligent vehicle as a new type of vehicle are explained.First of all,according to the laws and regulations to make a clear definition of the title and concept of intelligent vehicles,at the same time,on the basis of a clear concept of intelligent vehicles,the comparison between intelligent vehicles and traditional motor vehicles to obtain the three characteristics of intelligent vehicles: operational autonomy,driver non-specificity and data system dependence.In addition,according to the technical differences of the intelligent car phase division,a total of driving support,partial automation,conditional automation,highly automated,fully automated five stages,and proposedIn the second part,focusing on the perfection of intelligent technology,the consideration of the social value of new things by tort law and the trend of foreign legislation,explains the necessity of legal regulation on the responsibility of intelligent automobile.This part enumerates the domestic and foreign big influence intelligent automobile causes the damage accident example,confirms the intelligent automobile causes the accident damage possibility to still exist.Therefore,in order to ensure the stability of social order and better meet the smart car on the road,tort law should respond to the new technology,by filling the damage in time to maintain the function and authority of the law,without hindering the development of new technology.From the perspective of foreign legislation,the relevant laws and regulations on smart cars This part introduces the relevant legal measures of the United States,Germany and the United Kingdom for reference,and puts forward that China should also meet theneeds of the development of the artificial intelligence era,clarify the legal regulation of the responsibility of intelligent vehicles after they are formally put into the market,and point out that the following need to further study the legal problems in the traffic damage of intelligent vehicles.In the third part,the author puts forward some difficult problems and analyzes them,starts with the qualification of the subject of responsibility,probes into the legal orientation of the intelligent vehicle,probes into the application of the law on the damage caused by the intelligent vehicle traffic,makes a concrete analysis on the accident liability and the product liability of the motor vehicle,and also puts forward the problem of the damage dispersion in the process of the responsibility bearing.This part first analyzes the rational characteristics of the legal subject,the actual undertaking of the responsibility,and the current technical aspects,and negates the subject qualification of the intelligent vehicle.Secondly,what paradigm should be chosen to explore the basic legal regulation framework of smart cars From the realistic point of view,we should first seek solutions in the existing legal system,and fill the legal loopholes in the "responsibility product liability for motor vehicle traffic accidents" in traditional traffic accident handling.After that,the paper analyzes the application of motor vehicle traffic accident liability and product liability in the field of intelligent automobile.In the former,the identification of liability subject is unclear and fault imputation is difficult,the fault judgment standard of driver should be lowered and the trend of responsibility subject from traditional driver to manufacturer should be clarified.Product standards,clear the invocation of exemption,adjust the burden of proof,establish the position of responsibility of software designers.Finally,this paper analyzes the problem of intelligent vehicle accident damage dispersion,takes "tram problem" as an example,explains the change of responsibility distribution in the era of high risk,and puts forward the diversified distribution demand of intelligent vehicle responsibility in the era of high risk.The cognition of difficult problems finally leads to specific legal suggestions.In the fourth part,the author puts forward some legal suggestions on the liability of intelligent automobile traffic damage by taking risk prevention and ex-post imputation as two aspects,and finally integrates the ex-post legal countermeasures into the legislative perfection level.Based on the summary of the previous analysis,the author points out that the intelligent automobile risk prevention system should be set up in advance: first,the intelligent automobile supervision system should be implemented according to the experience of American policy law;second,the insurance system should be used to share the risks,expand the insurance subject and coverage of compulsory insurance,and take commercial insurance as a parallel measure;third,set up a special compensation fund to remedy the damage caused by intelligent automobile accident.Make it clear afterwards The first is to distinguish between manual operation and self-driving.The traditional responsibility system can be used when self-driving is not turned on.The second is to divide the responsibility of intelligent car by stage.In the stage of driving support,partial automation and conditional automation,if the driver violates the driving obligation,he should bear the responsibility of motor vehicle traffic accident,and if the accident is caused by the failure of the intelligent vehicle itself and the driver can not correct it,the intelligent automobile manufacturer should bear the product responsibility for it;in the stage of high automation and complete automation,the intelligent vehicle operation after losing human control is subject to the design arrangement of themanufacturer,and it should be the intelligent automobile manufacturer Bear the consequences.Third,in the recognition of the principle of imputation,the principle of no-fault liability is adopted when applying product liability,and there are two situations when applying motor vehicle traffic accident liability: the principle of presumption of fault mining between intelligent vehicle and non-motor vehicle and pedestrian,and the principle of fault mining liability between intelligent vehicle and traditional motor vehicle.Fourth,in the product liability defect determination,fills the national standard and the profession standard blank,with the consumer reasonable expectation to determine "unreasonable danger ".The fifth is to adjust and explain the specific exemption of product liability while using the traditional exemption of tort law to avoid excessive exemption of enterprises.Sixth,product liability defect proof and causation recognition.