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Research On Tort Liability Of Self-driving Cars

Posted on:2021-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:D Y LiFull Text:PDF
GTID:2416330629954171Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the continuous progress of science and technology,every field of social life has changed dramatically.In recent years,the attention of artificial intelligence technology is very high all over the world.Automatic driving technology is an outstanding representative in the field of transportation in artificial intelligence technology.With the continuous development of automatic driving technology,the automatic driving system can almost replace the driving behavior of human drivers,but accidents can not be avoided.China's current law does not involve the problem of liability for the damage caused by the automatic driving vehicle,and it directly applies to the responsibility of traditional motor vehicle traffic accidents.There are the following unreasonable aspects.First,the autonomous driving vehicle has a high degree of autonomy,which makes it difficult to identify the responsibility of traditional motor vehicle traffic accidents.Secondly,the automatic driving system almost completely takes the place of the driver.It is difficult to determine the subject of responsibility.As a product of autopilot,tort liability can be applied to product liability,but there are also some perplexities.First,the automatic driving system has independent learning and cognitive judgement.Once a traffic accident occurs,it can not directly identify the self driving vehicle as a defective product.Secondly,the formation of self driving vehicle system defects is independent,causing the causal relationship between defective products and damage results become very vague.This article summarizes and summarizes the legal provisions and policies of the United States,the European Union,Germany,the United Kingdom and Japan in respect of the tort liability of autopilot,points out the legal provisions and experiences that can be referred to and quoted in the current China's handling of the infringement problem of automatic driving vehicles,and puts forward the following suggestions for establishing the system of tortious liability for automatic driving vehicles.First,for the liability problem caused by the damage caused by the self driving car,the criteria and rules for the determination of the liability subject should be stipulated.Second,a distinction is made between the attribution of the damage caused by the automatic driving vehicle under different circumstances;and third,thespecial provisions on the application of product liability to the damage caused by the self driving automobile are discussed.Fourth,set up supporting policies to promote the technological innovation and development of automatic driving to ensure that the automatic driving vehicle can be widely used.
Keywords/Search Tags:automatic driving vehicle, tort liability, liability principle, compulsory insurance
PDF Full Text Request
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