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Research On Tort Liability Subjects Of Self-driving Car Traffic Accident

Posted on:2021-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X G LuoFull Text:PDF
GTID:2416330623473199Subject:legal
Abstract/Summary:PDF Full Text Request
The emergence of self-driving cars has changed the traditional driving methods.Not only reduced the time people spend traveling,made people more convenient,fast and efficient in traveling.But also eased the pressure caused by traffic jams It has greatly reduced the occurrence of traffic accidents and made the transportation environment better.The social value brought by it is self-evident.However,when people experience this new way of thinking,they will also think and have doubts about their safety.After all,it is still in the early stages of development,and no one can ensure its safety.If a traffic accident occurs,how to deal with it will become a new obstacle.The most important obstacle in this hindrance is the problem of the subject of tort liability caused by the accident.It is difficult to identify the responsible subject due to the increase in factors leading to the accident.Therefore,it is necessary to solve the problem of the subject of infringement liability of self-driving car traffic accidents,prompting people to use it with a safer attitude,and prompting producer to research and develop with a safer guarantee,and then handle the difference development relationship.This article starts with the first case of a self-driving car death in China and two cases of self-driving car traffic accidents in the United States.Due to the increase in factors leading to self-driving car traffic accidents,as a result,there are problems such as difficulties and ambiguity in the identification of responsible subjects.Firstly,analyze the current rules for determining the subject of liability for infringement of motor vehicle traffic accidents,and believe that the emergence of self-driving cars and their traffic accidents will inevitably challenge the current rules for determining the subject of liability.This includes the determination of the subject and the application of the principle of liability.Secondly,it analyzes the current theory of the identification of the subject of infringement liability of self-driving car traffic accidents,including the theory of responsibility on the part of the user and the theory of responsibility on the part of the manufacturer,and puts forward the theory of claiming responsibility on the user and production and sales.Finally,through the above analysis,further analyze the identification situation of the tort liability subject who can bear the traffic accident.First of all,it analyzes the identification of general liability subjects,including the situation where users,producers and sellers,business managers and road managers assume responsibility and the applicable liabilityprinciples.Then analyze the identification situation of the special responsibility subject.Propose the necessity of establishing the provider of autonomous driving system and the main body of self-driving cars,and analyze the situation of the responsibility of the automatic driving system provider and the self-driving car and the applicable liability principle respectively.To provide a reference for similar problems in judicial practice,with a view to promoting the improvement of China's legislation,have a positive effect on its development,and provide efficient and reliable legal protection for the problems brought about by its development.
Keywords/Search Tags:self-driving car, tort liability, subject of liability
PDF Full Text Request
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