Research On Tort Liability Of Autonomous Vehicles

Because the current legal system's rules for autonomous vehicles are not clear,and there are no specific provisions for the determination and liability of damage caused by infringement of autonomous vehicles,this article analyzes the existing laws and regulations and draws on relevant foreign countries for reference.The experience of self-driving car supervision explores legal issues such as the responsible subject,liability form,rules and principles,and liability of self-driving car tort liability.This article is divided into five parts:The first part is an introduction,which introduces the research background and significance of the author's topic selection.Through the argument and analysis of this article,it aims to provide theoretical support for the domestic legislative amendment of self-driving cars,and also provide theoretical analysis for the liability determination of infringement caused by self-driving cars.The introduction also summarizes the current research status at home and abroad from the aspects of self-driving car supervision,self-driving car tort liability,selfdriving car product liability,and road traffic safety accident liability.The second part is an overview of self-driving car tort liability,which is divided into two parts: First,the meaning of self-driving car tort liability,the concept of self-driving car is analyzed,and the characteristics of self-driving car tort liability are discussed.The second is to analyze the difficulties and challenges in the Road Traffic Safety Law and the Tort Liability Law when dealing with the tort liability of autonomous vehicles.The third part is the determination of the infringement liability of the self-driving car,which mainly includes two small parts: The first is the attribution principle of the infringement of the self-driving car,which can be divided into traffic accident liability and product liability.Traffic accident liability adopts comprehensive rules and principles.Product liability adopts the principle of no fault liability for producers and sellers.The second is the constituent elements of the tort liability: the subject of the infringement of the self-driving car,the damage consequences of the infringement of the self-driving car,and the causal relationship in the infringement of the self-driving car.The fourth part is the responsibility of self-driving car tort liability,including two parts: the first is the principle of liability distribution and the subject of compensation and the exemption of the self-driving car.The principle of responsibility distribution mainly includes the development of self-driving cars with equal emphasis on filling damage and relief of victims,fair and reasonable distribution of responsibility.The main subjects of compensation are users of autonomous vehicles,producers of autonomous vehicles,and third parties who are liable for infringement of autonomous driving.The second is the exemption of self-driving cars,including the victim's intentional,force majeure,emergency avoidance,and exemption of product liability.The fifth part is the construction of self-driving car tort liability rules,including two small parts,including rule construction,mechanism guarantee and technical support.In the construction of the rules,the shortcomings of the Road Traffic Safety Law and the Tort Liability Law were analyzed and suggestions for amendments were put forward.Third,mechanism guarantee and technical support.It is recommended to set up a special social compensation fund and introduce a "black box" mechanism to reasonably and appropriately prevent potential social risks of autonomous vehicles.