Civil Infringement Of Driverless Cars Identification Of Subject Of Responsibility

With the rapid development of artificial intelligence,driverless cars are gradually coming to us.As the earliest artificial intelligence product in recent years,driverless cars have many advantages such as safety,comfort,energy saving,high efficiency and wide application.It can be predicted that humans will benefit a lot from the scientific and technological revolution led by artificial intelligence.But like the arrival of other emerging things,driverless cars will bring a series of problems and perplexities to human beings as well as technological benefits.,countries have introduced policies to guide and promote the development and popularization of driverless cars,but in the current situation,does not appear to adapt to the trend of development of unmanned tort responsibility main body that rules,which will result in driverless cars in the road traffic accident that could not be in accordance with the civil tort liability body.Is reason,the paper on driverless cars,on the basis of tort responsibility main body particularity,driverless cars civil infringement cognizance of considerations,the main responsibility and the academic circles about the cognizance of driverless cars civil tort responsibility main body pattern analysis and comparison,put forward the main body in civil tort liability of driverless cars that path of reality.This paper is divided into four parts:The first part is an overview of the subject of civil tort liability for driverless cars.Driverless car is a kind of self-driving car,also known as wheeled mobile robot.It refers to an intelligent vehicle that loads the driverless system on the ordinary car,enabling it to have the functions of environment awareness,positioning,navigation and autonomous control,so as to automatically control the driving and complete the transportation purpose according to the user's instructions.Driverless cars with traffic safety,personality,comfortable,energy conservation,environmental protection and efficient transportation advantage,since the 1930 s have been proposed,after decades of development,in terms of feasibility and practicability are made breakthrough progress,though,remains a matter of the bottleneck,but will meet the needs of The Times,quickly to mature into our daily life and work.The civil tort liability of driverless cars refers to the traffic accidents that occur in the field of road traffic and cause the personal and property damage to the other motor vehicles,non-motor vehicle drivers,passengers and pedestrians,and bear the main or equal liability.The behavior of the subject of civil tort liability of driverless cars is illegal,and there is a causal relationship between the illegal behavior and the fact of damage.Its identification has particularity,that is,autonomous inhumanity and system dependence,which cannot be simply confused with traditional motor vehicles.The second part is the issues to be considered in the identification of the subject of civil tort liability of driverless vehicles.This paper expounds the current road traffic accident responsibility main body of legal norms and the mainstream academic point of view,and that with reference to the current road traffic accident responsibility main body that rules,driverless cars driving behavior and the causal relationship between tort need to redefine: one is the independence of the unmanned behavior,according to the special operation control theory,the human has lost the driver attribute,duty of care,for driving decision-making problem is no longer only unmanned systems conform to the definition of the driver;Second,the ambiguity of the positioning of "intelligent object".According to the viewpoints of "personality affirmation theory" and "personality eclecticism theory" in the academic circle,some scholars put forward the idea of giving the legal subject status to driverless cars.Third,the complexity of the causal relationship between defects and producers.On the one hand,the application of product liability to deal with the tort liability of driverless vehicles has been recognized by the mainstream of academia;on the other hand,due to the particularity and complexity of driverless vehicles,it is difficult to directly determine that the occurrence of traffic accidents is caused by product defects.The third part is the identification mode of the subject of civil tort liability of driverless vehicles and its evaluation.This paper introduces the "artificial personality system","vicarious liability system","highly dangerous responsibility" and "road traffic accident responsibility + product liability" four main responsibility cognizance model,and carries on the evaluation,think that "artificial personality system" mode and "vicarious liability system" mode has no applicability,first unmanned system is not rational,can't give its legal subject status,second,the above two models is not applicable in law theory,again,given its legal status is not in conformity with the civil legal subject history development regularity;Although the model of "highly dangerous liability" has some rationality,it is not realistic to make users of driverless cars assume unilateral liability,so it cannot be applied.Although the mode of "road traffic accident liability + product liability" has the problems of unilateral responsibility system of product sellers and defect identification,it can be solved through legal interpretation and combing.Therefore,it can be applied after the mode of "road traffic accident liability + product liability" is perfected.The fourth part is the improvement of the main body identification mode of "motor vehicle traffic accident liability + product liability".In this paper,the vehicle traffic accident liability and product liability are systematically sorted out and improved to be applicable to the identification of the subject of civil tort liability of driverless vehicles.The product liability subject,compulsory insurance liability subject,insured liability subject and third party liability subject are clarified,and the rules for determining the liability subject are elaborated.On the one hand,the standards for identifying defects should be clarified: firstly,the national and industrial mandatory standards should be established to make a preliminary judgment on whether the automobile has defects;secondly,the standard of "consumers' reasonable expectation" should be adopted to judge whether the product danger is reasonable;thirdly,the scope of exemption of liability should be clarified.On the other hand,data collection device is used to record the information of the accident,which is convenient for evidence collection.