Study On The Subject Of Tort Liability In Autonomous Vehicle Traffic Accident

With the advent of 5G era,the development of autonomous driving technology,one of artificial intelligence technologies,will show a more rapid trend.At present,autonomous driving technology is still in the early stage of development.Compared with traditional motorized road traffic accidents,the identification of tort liability subject is more difficult to solve in the traffic accidents caused by autonomous vehicles.In cases involving numerous and complicated subjects,who is the real responsibility main body and how to identify;can the existing rules for determining the liability subject of motor vehicle traffic accidents be applied and what are the shortcomings in practical application;All these questions are the important thinking aspects of this article.The specific identification of tort liability subject in autonomous vehicle traffic accident is the core issue of this paper research.Through combing and analyzing two major and comparatively typical cases of autonomous vehicle traffic accident at home and abroad,this paper firstly expounds the concept of autonomous vehicle and states the "stage-type-model" classification concept of autonomous vehicle.This part also introduces the challenges and new problems brought by autonomous vehicle,such as unclear technical standards,difficulties of determining the cause of accidents and identifying the subject of responsibility.Secondly,this paper studies the scope of tort liability of autonomous vehicle.The concept of "autonomous vehicle" and the main role of "self-driving car" are further analyzed and demonstrated.According to the classification of autonomous vehicles,the legal status of fully autonomous vehicles is defined and the assumption of the driver role with limited behavior ability for artificial intelligence self-driving car is put forward.The scope of the subject of liability in autonomous vehicle traffic accident is divided according to the dichotomy of people causes and automobile vehicle causes.Thirdly,this paper analyzes the problems existing in the concrete identification of the tort liability subject of autonomous vehicle traffic accidents.This paper discusses the theoretical understanding of the actual controllers of the traffic accident liability of autonomous vehicles,mainly focusing on the vehicle driver and owner.Finally,considering the diversity and complexity of the subjects involved in the operation of autonomous vehicles,the paper proposes that the autonomous vehicles should distinguish the vehicle operation modes when accidents occur according to different types of autonomous vehicles,discuss the specific situations,and identify the subjects responsible for different accident causes.In general,for the semi-automatic driving car,the driver should be regarded as the main body responsible for the accident.For fully automatic driving vehicles,"autonomous driving vehicles" should be taken as the center to identify the subject of accident responsibility.