Research On Tort Liability Of Traffic Accidents In Self-driving Car

Due to the rapid development of artificial intelligence,driverless cars have gradually entered the public eye,causing widespread concern.Unmanned vehicles refer to motor vehicles that comply with current laws and regulations,rely on artificial intelligence technology,equipped with sensors and global positioning systems,without human assistance or physical interference,can automatically sense the surrounding environment and run decisions to achieve alternative driving In the role of a motor vehicle.Driverless cars are the most advanced mode of self-driving cars,and the concept of self-driving cars is from small to large.Based on the high degree of autonomy of self-driving cars,scholars have different views on whether they can have legal personality.Most views hold that the essence of self-driving cars is a tool for human beings and should be included in the category of things.Regarding the positioning of driverless car traffic accident tort liability in the tort liability system,employer substitution liability,animal tort liability,elevator tort liability and motor vehicle traffic accident liability are not feasible in driverless vehicle traffic accident tort liability,and The product attributes and high degree of autonomy of driverless cars leave room for product liability and high-risk liability.At the same time,the car manufacturer should bear the responsibility of accident infringement,which is in line with the principle of consistent risk and interest,and is also within the psychological expectations of the public.However,it is also necessary to take into account the interests of the victims and the public interests of the society,to give automakers exemptions under certain circumstances,and to promote the orderly development of the driverless car industry.At present,unmanned driving technology is developing vigorously,and how to regulate it at the legislative level will become an urgent problem to be solved in the future.It should sum up foreign legislative experience,such as the black box system in Germany and the insurance system in the United Kingdom,to provide a reference for the division of infringement liability for driverless car traffic accidents in China.At this stage,unmanned driving technology is not yet mature.It is only necessary to include the infringement liability of driverless vehicles in the category of product liability in the chapter of infringement of the Civil Code.The principle of liability and exemption shall be specified.Of course,the establishment of specialized agencies,unified technical standards,the protection of user privacy,and the popularization of black box technology are also the key to effectively regulating driverless cars,which is conducive to the rapid identification of the causes of accidents and responsible parties.In addition,the research and development of the driverless car industry will greatly impact the existing insurance system.It is necessary toimplement a "dual-track" compulsory insurance system,in which the producer and the owner shall separately insure the insurance to balance the interests of the producer,owner and victim.To sum up,China should make legislation in time to ensure the orderly development of the driverless car industry,maintain social stability,and better protect the legitimate rights and interests of stakeholders.