Research On Tort Liability Of Traffic Accident In Auto-driving Car

The arrival of autopilot will greatly reduce the occurrence of traffic accidents,but also bring convenience to users,but it will bring convenience and accidents.The application of the existing tort law and road law will be difficult to solve the tort liability of automatic driving vehicle accidents.For example,when the automatic driving vehicle develops to the full automatic stage,the "driver" in the vehicle turns into "passengers".Naturally,there is no duty of care and traffic accidents.The automatic driving vehicle is divided into 6 levels according to the technology definition.The L0-L1 grade is different from the traditional vehicle essence.The driver still plays the main role of driving,and can solve the compensation problem with the existing relevant laws and regulations,and does not analyze the L0-L1 grade.In the academic circles,the L2-L5 class autopilot has been discussed fiercely.The legal status of autopilot is the most important.Should the self driving vehicle be legally defined as a product or something else? There are three main theories: affirmative theory,negative theory and compromise theory.It is affirmed that the future should be endowed with the independent civil status of autopilot,and that the future of automatic driving vehicle will break through the characteristics of "objects" and gradually replace the human brain.Negation claims that the autopilot is a "thing" and should not be given the status of an independent civil subject.The eclectic theory does not negate the status of the independent civil subject of autopilot,and should be given its limited civil status.There is no difference between the affirmative theory and the eclectic theory,so we should consider the application of the negative theory.Automatic driving vehicle is equivalent to the superposition of traditional vehicle and automatic driving intelligent system.In essence,the automatic driving intelligent system is the combination of "Internet" and "data".In short,autopilot even reaches the stage of pilotless driving without the participation of drivers.The system relies on "Internet" and "algorithm processing".Therefore,compared with the existing civil subjects,the automatic driving vehicle is not reasonable with its independent civil subject.It is mainly embodied in two aspects: first,compared with natural persons,the self driving vehicle does not possess the characteristics of "human",has no subjective initiative,and has no independent consciousness,can not think and act accordingly.Second,compared with legal persons,autopilot cars have no independent property,they can not assume their responsibilities independently,nor do they have any intention to express themselves.Based on the nature of the self driving vehicle and the fact that it causes damage,the victim can seek relief according to the cause of the traffic accident.The main body of responsibility is classified as: the owner,the user,the manufacturer,the producer,the road designer and the manager of the automatic driving vehicle.The main body of responsibility is the road designer and manager.Because of the fault of both of them,the accident of automatic driving vehicle frequently happens.The main body of responsibility is the owner,user,manufacturer and producer of the vehicle,who can seek relief through the liability of vehicle traffic accident or product liability.If it is identified as traffic accident liability,it is applicable to motor vehicle traffic accident liability;if it is identified as product defect,it is applicable to product liability.When the liability of motor vehicle traffic accident is applicable,it is divided into two stages.The first phase is the L2-L3 level.The automatic driving system plays the role of auxiliary driving,and the user needs to take over the vehicle.When an autopilot emergent,an alarm is issued,and the user is obliged to take over the vehicle.Because of negligence,he is not responsible for taking over the vehicle.He bears the responsibility for motor vehicle traffic accident.The second stage is the L4-L5 level.The role of the driver of an autopilot "driver" is changed to "passenger" without taking over the vehicle and driving at full height.In the event of the damage caused by an autopilot car,the traffic accident liability is borne according to whether the passenger has fault or not,and the fault is borne by the traffic accident.The continued use of traditional insurance system in motor vehicle traffic accidents may be a problem,which is not conducive to the long-term development of autopilot cars,and can be changed accordingly,such as expanding the scope of coverage,increasing the main body of insurance and raising the maximum amount of compensation.We can also build an autopilot car rescue fund.When the victim is unable to relieve,the rescue fund can be used to relieve the victims' interests.When applying product liability,there are also two stages.The first stage isL2-L3 level.The user has the obligation to take over the vehicle.When an autopilot car emergent,the vehicle itself should issue an alarm,but the vehicle did not alarm because of its own technical defects,resulting in the user not taking over the vehicle.The manufacturer should bear the product liability,and the seller is liable for compensation if he is at fault.The second stage is L4-L5 level.No driver is required in the automatic driving car.The owner assumes the product liability without fault,and the seller is liable for the fault.However,the current product quality law does not have relevant regulations on the automatic driving vehicle,making it difficult to identify product defects,and it can be solved through the formulation of unified standards and unified national standards.For the identification of product defects and the reduction of damage facts,a "black box" can be installed to monitor.The problem of damage caused by autopilot car is far more than that.When autopilot makes the car develop to a certain stage,if it is not feasible to explain or perfect the existing law,it can formulate the "autopilot",define in detail the definition of auto driving vehicle,the definition of classification,the definition of product defect,the constituent elements of tort liability,the identification of causation,and the state.Unified product standards,etc.