Research On Infringement Subject Of Traffic Accidents In Autonomous Vehicles

As a technology leading a new round of scientific and technological revolution,artificial intelligence has wide application value in replacing human beings to engage in simple,repetitive and dangerous work.As a representative of the development of the artificial intelligence,the automatic driving vehicle is pregnant with opportunities.Automatic driving technology brings the road traffic safer,faster and more convenient and also benefits alleviating the traffic pressure,increasing employment opportunities and protecting the environment.On the other hand,risks accompany along.Due to the limitation of technology and the uncontrol lability of intelligent system,traffic accidents cannot be completely avoided.When traffic accidents occur,the scope of harm may be wider and the degree of harm is more serious.This leads to a series of legal problems of traffic accident accountability.Whether the original imputation principle can continue to be applied,how to identify the legal status of the automatic driving system and how to clarify the main body of the traffic accident.These questions need to be discussed under the existing rules.The research on the subject of traffic accident is the starting point and the final destination of the accountability problem.The automation level of the automatic driving vehicle is constantly enhanced.Therefore,the self-driving vehicle gradually has the characteristics of intelligent learning and autonomous decision making.For one hand,the drivers of the traffic accident cannot take full responsibility any more,and the role of the driver is weakened due to the involvement of the automatic driving system.It is worth thinking about which subject should share the weakened part of the original responsibility.Product liability judgment is also difficult due to the technical characteristics.The exertion of authority about the infringed party cannot be guaranteed and the existing rules cannot make up for the system vacancy caused by the automatic driving vehicle.For the other hand,a new path of responsibility protection is also actively explored in the domestic and foreign.The EU's electronic legal person gives the legal status of the automatic driving system,the strict liability and liabilityinsurance system in Germany,the differential responsibility and social funds in the United States,the road test standards in China and the automatic driving vehicle quality standards,all of these have become the effective reference of improving the liability rules of automatic driving vehicle accidents in our country.Facing the wave of new technology development,China's law must also take precautions,especially the resolution of related legal problems of autopilot.Based on the reality of automatic driving vehicle accident liability research,we should seek a balance between national governance,personal rights,legal progress and technological development,so as to provide institutional reference for the identification and commitment of auto driving vehicle accidents.First of all,we need to identify rules according to the existing traffic accident and establish the black-box technical support and manufacturer's technical code traceability system,determine the operation mode and risk source when the accident occurs.Secondly,the main obligations of driving behaviors that need human participation and driving behaviors that don't need human participation should be clarified at different levels,and the basis of liability for different levels of traffic accidents should be found.Also,the mode of combining strict liability centered on victim protection and fault liability aimed at relief and prevention should be established.Finally,the compulsory liability insurance and social fund should be introduced to share the risk.In the existing single subject sharing mode,the multi-agent cooperation of manufacturer,system designer and user is formed.The existing traffic accident liability rules should be amended to provide a feasible path for auto driving vehicle accident liability research to fill the victim's damage,encourage technological innovation and promote the development of the industry.