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Study On The Principle Of Liability For Tort Liability Of Self-driving Cars

Posted on:2020-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
An important theme of the development of modern science and technology is "the replacement of machinery for people." Under this theme,we are gradually entering the era of artificial intelligence.The biggest feature of the artificial intelligence era is that the mechanical simulation of human beings makes the mechanical display of human characteristics,and then through the imitation of the human body's functions,the mechanical replacement of people to complete the human work.The generation of self-driving cars is based on this theme,which is produced by partially or completely replacing the role of “driver” by the system carried by the self-driving car itself.Based on this background,it is possible to combine the characteristics of self-driving cars,and to make more detailed regulations on how to distribute responsibility after the infringement.In the case of infringement with autonomous vehicles,the current international mainstream view still tends to supplement the original infringement theory.However,on the one hand,when driving a car as a product,when strict liability is applied,it is easy to exempt the liability through the exemption clause;on the other hand,because of the objective development imbalance of the self-driving car,various degrees of self-driving cars are The driver's replacement is also different,so it is more appropriate to stipulate the corresponding liability principle for cars with different degrees of automatic driving.Therefore,on the one hand,starting from the characteristics of self-driving cars,it is limited to the scope of exemption of products under strict liability;on the other hand,according to the international classification of autonomous driving vehicles,the corresponding imputation principle is applied according to the level.According to the framework of the Road Traffic Safety Law,traffic accidents occur between self-driving cars,traffic accidents between self-driving cars and ordinary cars,traffic accidents between self-driving cars and non-motor vehicles,and pedestrians.It is divided into semi-automatic driving and unmanned driving.It uses detailed grading system to refine the principle of attribution under different situations and propose corresponding legislative proposals.
Keywords/Search Tags:Self-driving Car, Tort Liability, Imputation Principle
PDF Full Text Request
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