Research On Tort Liability Of Driverless Cars

According to statistics,in many traffic accidents,the causes of traffic accidents are mostly driver errors,such as answering calls,fatigue driving,speeding and other human factors.In traditional motor vehicle driving,the driver's attention must be kept highly concentrated at all times.At present,the Road Traffic Safety Law of the People's Republic of China has established a strict system for deducting driving points,fines,and administrative detention for behaviors such as fatigue driving,drunk driving,and taking phone calls.In severe cases,the driver's license may be revoked,and his lifelong No driving.Strict legal system has raised the standard of driver's duty of care and added protection for protecting the lives and property of the public.In order to reduce human-induced traffic accidents and facilitate public travel,many technology companies have developed self-driving cars,in which the driverless mode can be completely out of the driver's control,reducing the driver's obligation to pay attention to road conditions while driving,but at the same time it also challenges the identification of the responsible subject in the Tort Liability Law,and the product quality standards and causality certification in the Product Quality Law.With the marketization and popularization of self-driving cars,the probability of accidents has also increased.In the determination of compensation after an accident,perfect laws are essential.Therefore,this article starts with the concept of the classification of autonomous vehicles and the driving characteristics of vehicles at different levels.By distinguishing between the different characteristics of autonomous vehicles and traditional motor vehicles,this article analyzes the current Tort Liability Law and Product Quality Law.Insufficient to provide reference for future self-driving car infringement cases.The full text is divided into four parts:The first part is the definition of driverless car infringement.First,the concept and classification of self-driving cars are described,and then the features of the highest level of self-driving modes of self-driving cars are explained.Finally,the differences between the infringement of self-driving cars and the infringement of traditional motor vehicles arecompared.Self-driving cars are divided into six levels according to the degree of human participation.The self-driving car mode has no human involvement during driving.It is essentially different from the infringement caused by traditional motor vehicle drivers.Different Views on the Determination of Liability for Tort Caused by Autonomous Vehicles.Through a comprehensive discussion of scholars' viewpoints,further reflections on self-driving car infringement have been triggered.The second part is the challenge of driverless car infringement to the traditional tort legal norms.This section analyzes the identification of responsible parties and product liability in the current liability system,and considers that the true driver of an unmanned car is the intelligent system in the car,not the driver in the traditional sense,so the traditional responsible body is not complete Applicable to driverless car infringement accidents.At the same time,in the determination of product liability,there are certain difficulties in identifying system defects and causality.Most of the causes of accidents caused by self-driving cars are due to product liability.Therefore,it is unfair to require buyers to bear the cost of strong insurance.The third part is the comparative law investigation of driverless car tort liability.This section compares and contrasts the legislation in the US,Germany,Japan,and the United Kingdom with legislation in various parts of China.The legislation in the United States is more inclined to administrative management.Japan has imposed stricter requirements on vehicle compliance.The United Kingdom regards insurance companies as the first The responsible person protects the legal rights and interests of the parties.China's legislation focuses more on the provisions of the road test subject,safety test personnel,road classification and other content.Accident liability determination mostly adopts the current method of liability determination,which has legislative deficiencies and deficiencies.The fourth part is the legislative proposal on the liability for driverless car torts.Compared with foreign legislative practice,there are still some deficiencies in China's legislation.Based on China's road traffic conditions,the following suggestions are put forward: Firstly,the identification of the subject of tort liability is recommended to increasethe evaluation criteria for human participation,the qualification of the legal personality of electronic personality,and the scope of the subject of liability.Secondly,establish a system of certification responsibility for professional producers.In terms of product liability,a self-driving car technical standard system was established to eliminate obstacles to the application of product liability.At the same time,a new liability insurance system was introduced to expand the subject of insurance and increase the coverage.Finally,establish a network security and privacy protection system to minimize the chance of accidents and protect the legitimate rights and interests of the parties.