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Research On Tort Liability In Automatic Driving Vehicle Accidents

Posted on:2021-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShiFull Text:PDF
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Thanks to the rapid development of automation technology,self driving cars will soon become the first generation Autonomous machines that we can rest assured of our lives.At present,the automatic driving vehicle which is the most widely used and the actual mass production of the manufacturer is still in the development stage which can not be completely divorced from human operation.Therefore,the special operation mode of the automatic driving vehicle co driving will challenge the traditional liability system in a variety of ways in the process of traffic accident identification.The legal system should be fair and effective in providing compensation for the damage in traffic accidents,and can balance the attention to personal safety and encourage the innovation demand of developing this revolutionary machine.In order to clarify how to assume the legal liability for tort in automatic driving vehicle accidents under the most complicated automation condition of human-machine interaction,we should take the current application of the automatic driving vehicle as the research background,and according to the corresponding links of the traditional tort liability elements,remove the cocoons from the corresponding links,and improve the rules of tort liability based on the principle of fairness and the purpose of encouraging technological innovation,and propose a combination of them.Make suggestions.Starting from the problem of how to undertake tort liability in auto driving traffic accidents,this paper takes the elements of traditional tort liability law as the research framework and combines the most widely used automatic driving technology at present to summarize the tort liability undertaking that can enable victims to get reasonable compensation and meet the expectations of society.The first chapter gives an overview of the background,significance and current situation of the paper,and briefly describes the main content and innovation of the paper.The second chapter analyzes the fact identification of traffic accidents based on the existing automatic driving technology.Due to the different degree of automation of different levels of vehicles and the increasingly complex human-computer interaction in the process of operation,there are many possible causes of traffic accidents,and the corresponding responsible subjects behind different causes are also different.If multiple factors act at the same time,the situation will be more complex Therefore,the fact finding inautomobile driving accidents is very special.The third chapter is to classify and discuss the faults of the subjects involved in the automatic driving vehicle accidents.In order to make the logic of the fault analysis more clear,according to the nature of the responsibility and the qualification of the main body,the subjects of the accidents are divided into the product leader and the traffic participant.The psychological state is described,that is,the subjective aspect of the accident is discussed in detail so as to make the logic clearer when analyzing the responsibility bearing problem.The fourth chapter analyzes the establishment of causality in auto driving vehicle accidents,and describes the causal cognizance rules and standards of product liability and human responsibility respectively for clear thinking.Due to the unavoidable characteristic influence of the driving car,the traditional causal relationship will be unpredictable by the automatic driving behavior of vehicles and the complexity of application software system upgrade.Challenge.The fifth chapter combines the above chapters and the actual situation to improve the rules of tort liability in auto driving automobile accidents and put forward reasonable suggestions.Due to the particularity of autopilot,there are still some difficult problems in fact finding and causality proving in traffic accidents.In many cases,it is not reasonable to apply traditional elements of tort liability to determine the main body of liability.Therefore,we can supplement the new technical means or use the burden of proof distribution mechanism,reasonable adoption of product liability rules or citation.Enter the no fault insurance scheme to undertake the liability.
Keywords/Search Tags:autopilot, traffic accident, tort liability rules
PDF Full Text Request
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