Study On Civil Litigation In Driverless Car Traffic Accident Cases

Artificial intelligence product "typical" represents the rapid development of--driverless car,its appearance brings people great living convenience,but also may cause traffic accidents,and thus lead to some new types of civil litigation different from traditional traffic accident infringement cases.Although such cases have not occurred in large numbers,theoretical forward-looking studies and corresponding legislative preparations are undoubtedly necessary.Compared with the traditional traffic accident infringement cases,the driverless car traffic accident cases have their own special points--the case is highly technical(professional),the subject of responsibility is sometimes unclear,and the place of infringement is sometimes difficult to determine and prove more difficult and so on.But the existing rules of civil procedure law,such as jurisdiction,party determination,proof and trial procedure,are difficult to meet the needs of hearing such new cases.In order to meet the needs of hearing such new cases,the civil litigation system needs to make necessary adjustments at the level of legislation or judicial interpretation,including the system of litigation subject,the system of trial subject and the distribution system of proof liability and so on.In this case,first of all,on the basis of clarifying the legal status of the civil object of the driverless vehicle and on the basis of protecting the rights of the ordinary people and promoting the development of technology,the civil legal relationship arising from the traffic accident caused by the fault of the driver,the failure of the vehicle(especially the failure of the driverless technical system)and the mixed reasons of the human and vehicle are clarified,and then the subject of the lawsuit after such cases enter the procedure.Secondly,in view of the particularity of car traffic accident cases,it is proposed that the intermediate people's court in the provincial capital city or the seat of the driverless enterprise should be taken as the jurisdiction court to classify the people's jurors according to the specialty,and select the jurors with the driverless professional technology to participate in the formation of a collegial panel for trial.Finally,in the lawsuit proof,according to the fault presumption mainly no fault auxiliary imputation principle to assign the proof responsibility under different circumstances,increases to explain to the party and proposes to entrust the expert helper's guidance rule;when causes the traffic accident because of the vehicle reason,considers the victim to obtain the evidence difficulty and so on question,increases this kind of case proof burden inversion rule.Through the perfection of the rules,we can realize the basic adjustment function of the civil procedure rules to such new cases.