Research On Liability For Tort Damage Caused By Autonomous Vehicles

In the summer of 1956,Professor McCarthy(John McCarthy)first proposed the concept of "artificial intelligence" at the meeting of the Dartmouth College in the United States,and the term "artificial intelligence" was born.The self-driving car is based on artificial intelligence technology,has autonomous judgment,independent decisionmaking and other functions and can realize automatic driving,a new type of motor vehicle for the purpose of transportation.According to their different levels of automation and intelligence,they can be divided into six levels: driver's full control level and assisted driving level.It not only brings convenience to people's lives,but also brings many problems in the tort law,such as the subject of responsibility,the composition of responsibility,and responsibility.At present,there are three different views on the civil legal status of self-driving cars in theory,such as affirmation,negation,and middle theory.For autonomous vehicles with autonomous characteristics,it is recognized as the object of the legal relationship rather than the subject of rights,and finding the correct positioning in the physical system can enable it to get complete legal regulation and also benefit the law.One side of its special attributes gives special regulation and protection.Whether a driver's duty of care,an ordinary person's duty of care,and a good manager's duty of duty can be violated can be used as a criterion for judging whether there is subjective fault.After satisfying the corresponding constituent requirements,the autopilot producer shall bear product liability for the infringement caused by fully automated driving,the infringement caused before the takeover and the untimely takeover.Autonomous vehicle users shall be responsible for motor vehicle traffic accidents for infringements caused by negligence and takeover.In order to make up for the shortcomings of the current tort law,we should establish a special regulatory body at the legislative level to uniformly exercise administrative responsibilities such as administrative licenses and risk prevention for autonomous vehicles.Formulate safety standards for self-driving car products and introduce "black box" technology to solve the problem of responsibility determination.At the level of judicial application,it is very necessary to establish an inversion system in which the producer bears the burden of proof without defects or causality based on the consideration of the ability of proof,distance of evidence,and standard of probabilities.It is worth noting that it is inappropriate to completely exclude the application of development risk exemptions.We can narrow down the explanation,that is,the producer must prove that when he put the car on the market,he can not find the defect at the advanced automatic driving technology level in the world at that time,otherwise he should bear product responsibility.In addition,the construction of related social risk sharing mechanism can promote the production enthusiasm of the enterprise on the one hand and can fully protect the interests of the victims on the other hand.