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A Study On Tort Liability Of Autonomous Vehicles Traffic Accident

Posted on:2021-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:F F NiuFull Text:PDF
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In recent years,the development of artificial intelligence technology has been very rapid,and self-driving cars combining artificial intelligence and automobiles have received widespread attention.On the one hand,the emergence of self-driving cars has indeed changed the traditional car driving technology and is refreshing.It can be said that the emergence and development of autonomous vehicles conforms to the development of the times and will also greatly change people's lives in the future.On the other hand,the current autonomous driving technology is immature,which has caused a series of problems identified by the law.Among them,in the event of a traffic accident in an autonomous vehicle,the issue of liability for torts needs to be resolved.Self-driving cars have emerged as a new thing.If you want to solve the related problems,you need to understand what it is? Therefore,it is necessary to clarify the concept of autonomous vehicles,classification and other issues.Among them,the division of responsibility for tort liability is particularly important.Self-driving cars are significantly different from traditional motor vehicles in terms of the subject of liability,the principle of imputation,and the burden of proof.It is based on this particularity that it is necessary to conduct a thorough study of its responsibility.When dealing with traditional automobile traffic accidents,Article 76 of the Road Traffic Safety Law is divided into two cases according to different subjects.1.A traffic accident occurred between motor vehicles.2.Traffic accidents occur between motor vehicles,non-motor vehicle drivers,and pedestrians.The first case is based on the fault of one or both parties,and the principle of fault liability is adopted.The second case is based on whether the non-motor vehicle or pedestrian is at fault.Which principle is used is theoretically controversial.Some scholars believe that it is the principle of presumption of fault,and some believe that it is the principle of no fault.In addition,China's "Law on Tort Liability" also contains relevant provisions on motor vehicle accident liability,product liability,and high-risk liability.After the existing laws are modified or adjusted,positioning can be found in the existing legal framework to solve the application of self-driving cars in tort liability.Regarding the legal personality of self-driving cars,I believe that it still belongs tothe category of things and is a tool used by humans.The main parties responsible for the damage caused by a traffic accident include the owner and user of the car;the producer or seller;and the developer of the autonomous driving system.At different levels of autonomous driving,the responsibilities of the above entities are different.The principle of fault liability for traditional automobile traffic accidents can be applied as well as product liability.If the accident is not caused by improper operation by the user,it can be presumed that the self-driving car is defective,and product liability is applicable.In terms of legislation,the United States,Germany,and Japan started earlier.The legislation of the United States is divided into central and local,and there are places worth studying,Such as setting up advisory committees,focusing on personal privacy protection,etc.Germany maintains that the existing liability system is not changed,and only partial modifications are made,such as identifying the user of a self-driving car as the driver of the car and requiring him to assume driver responsibility.At the same time,the protection of victims was strengthened by increasing the amount of compensation for traffic accidents,and the introduction of a "black box" system as an evidence aid.There is something we can learn from.Japan discussed the legislative considerations of the liability of the "Provide driving users" and allocated responsibility among the operation user,the insurer and the producer in order to protect the victims.China should speed up relevant legislation while adjusting the existing legal framework.Adhering to the principle of relieving victims to the greatest extent while preventing frustration of the development enthusiasm of the self-driving car industry,a three-dimensional framework is established,which uses people,industry and government to work together to deal with the infringement liability of self-driving cars.In order to properly solve related problems after a traffic accident,we should expedite the development of self-driving car qualification standards,make adjustments or amendments to existing laws,and also formulate laws and regulations or make corresponding provisions for problems that occur during the driving of autonomous vehicles Legal interpretation.At the same time,in order to make up for the lack of legal relief,a "compulsory insurance system + compensation fund" system can be constructed,and a "black box" system can be introduced.Protect the development of victims and technology.
Keywords/Search Tags:Self-driving cars, Legal Status, Subject of responsibility, Imputation principle, Product Liability
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