Research On Tort Liability Of Autonomous Vehicles

The combination of automobile manufacturing and artificial intelligence has unparalleled advantages in traditional vehicles in terms of improving efficiency,saving energy,alleviating congestion,protecting the environment,and ensuring safety.The rapid development of artificial intelligence makes the trend of autonomous vehicles replacing traditional cars irreversible,but the development of science and technology increases social benefits and also causes difficulties in the application of laws: Autonomous vehicles rely on artificial intelligence to have the ability to learn and make decisions independently.When a traffic accident occurs,the existing legal system has been unable to resolve the new situations that have occurred in practice.Although the purpose of the research and development of autonomous vehicles is to completely replace humans to undertake driving tasks and master driving control,the development of science has always been phased,and the ultimate realization of the goal of unmanned driving still requires a certain amount of time.A hierarchical system to study the tort liability rules of autonomous driving car traffic accidents is really necessary.The autonomy of self-driving cars does not meet the standards of legal subjects.The infringement of self-driving cars in traffic accidents is mainly solved through product liability.In the fully automated driving phase,adopting the law model of no-fault attribution principle,lower consumer reasonable expectation standard and causality presumption can cope with challenges posed by “technology neutrality”,“deep learning algorithm ” and “ black box problem ”.During the assisted driving phase,road traffic responsibility and product liability need to be separately demonstrated.If the producer violates the warning and explanation obligation of reasonable danger,it can be determined that the product is defective,and the key to solving the "takeover problem" is whether the human driver completely gives up the driving vigilance when the automatic driving system sends a request,and has a serious fault.In special circumstances such as victim 's fault,separation of owner and user,third party 's fault,and fair liability,self-driving cars are both the same and different from traditional cars,the main difference is the producer Replacing the driver to become the main body responsible for traffic accidents.Finally,the construction of self-driving car traffic accident infringement system is inseparable from the establishment andimprovement of self-driving car safety and performance standards,driving recorder system,compulsory insurance system and compensation fund system.