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Tort Liability For Cars In Autonomous Driving

Posted on:2021-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:Z H WangFull Text:PDF
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In the current era,the boost of artificial intelligence technology has a significant impact on automobile manufacturing,and autonomous vehicles have emerged at the historic moment.Although auto driving has changed the traditional way of driving a car,effectively alleviating traffic pressure and improving the utilization of resources,it will also cause a lot of legal problems.The issue of tort liability for traffic accidents is the most important.This paper uses the literature research method and comparative method to conduct research from four aspects: the legal characteristics of auto driving,relevant domestic and foreign legislative practices and analysis,the possible path to apply tort liability and its specific application.Although autonomous vehicles are similar to traditional vehicles,the highly simulated human driving control makes autonomous vehicles capable of autonomous learning and decision-making.Therefore,the determination of the subject of tort liability,the demonstration of causality,and the application of the attribution principle are very different from those of traditional motor vehicle traffic accidents.Regarding the autonomous driving of cars,many countries have introduced relevant policies and regulations.The states of the United States have made preliminary provisions on the definition of autonomous vehicles,the definition of drivers in autonomous driving,the determination of liability,and the driving and road testing of autonomous vehicles.Germany has promulgated the Road Traffic Act Amendment,which basically uses the existing laws in vehicle permission and road accident compensation liability to ensure the stability of the law.Japan makes it clear that traffic accidents may be borne by the driver,or by the manufacturer.In China,relevant policies have been issued on the road test of auto driving,but there are no legal requirements for autonomous vehicles,and the standard use of major cities is not uniform.Autonomous vehicles conform to the definition of motor vehicles and product characteristics,so their tort liability can be applied to motor vehicle traffic accident liability and product liability.However,there are certain difficulties in the identification of the driver's fault,the liability of the insured person,the defect of the product and the causality.Correspondingly,the introduction of motor vehicle insurance person's no-fault liability and the construction of insurance mechanism,or adjust the burden of proof to establish a perfect safety standard is a possible solution.In the specific application of tort liability,the principle of imputation is the same as that of a traditional motor vehicle traffic accident in the condition of manual driving in a conditional autonomous driving level.In the excessive takeover stage,if a human driver is neglecting to take over or improperly operate,the motor vehicle traffic accident liability rules apply;otherwise,product liability should apply.Among them,the principle of no-fault attribution applies to producers,and the principle of fault attribution applies to sellers.In the system driving phase of the conditional autonomous driving level,its infringement liability applies specifically to the same level as the highly autonomous driving level and the fully autonomous driving level.Unless other exemptions can be proven,the producer and seller should bear the corresponding fault Liability and fault liability.
Keywords/Search Tags:tort liability law, automatic drive, product liability, motor vehicle traffic accident liability
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