The Research On Legal Regulation Of Autonomous Driving Vehicles Infringement

With the development of science and technology,the advancement of artificial intelligence,and the self-driving car as the representative of the industrialization of intelligent technology,it is one of the most concerned artificial intelligences,and has received unprecedented attention.The development of "smart cars" has become the inevitable development of science and technology.Self-driving cars not only facilitate people's daily life,but also have great room for development in high-risk operations,military operations,and mining operations.A variety of autonomous car manufacturers such as many traditional car manufacturers,Internet companies,and emerging technology companies have sprung up.More and more countries are beginning to encourage road testing for self-driving cars.European and American countries such as the United States,Germany,Switzerland,and Asian countries such as Japan have successively issued corresponding policies and regulations.Through the restriction and encouragement of policies and regulations,the rapid development of local autonomous driving technology has been promoted.For example,the California Vehicle Authority in the United States explicitly requires that self-driving cars that are tested on the road in California must install data storage devices and regularly submit all stored data to the California Vehicle Authority.To a large extent,California has mastered a large amount of test data and testing technology,which has greatly promoted the development of California self-driving cars,which has already taken the lead in the system.Since 2018,the country and the provinces have successively issued management regulations for road testing of self-driving cars,which provides a legal basis for automatic driving on-road testing.At present,China's legislation only deals with the management of road tests.Compared with foreign legislation,it does not regulate the auto-driving cars such as the subject of tort liability,the principle of tort liability and the supporting insurance system.Although there are related laws and regulations such as the Product Liability Law,the Tort Law and the Road Traffic Safety Law,there are no clear rules and restrictions on the infringement damage caused by self-driving cars.Its current regulations lag behind the development of self-driving cars,which will inevitably lead to inability to damage the autonomous vehicles.Therefore,this paper intends to study the meaning of autonomous vehicles and the relevant legislations of self-driving cars in various countries,and discuss the liability of China's auto-driving torts in the aspects of the subject of tort liability,the principle of liability and the excuses of auto-driving cars.The perfect way.Internationally,the classification of autonomous vehicles is based on the degree of intelligentization of autonomous vehicles.The degree of intelligence from low to high is divided into 6 levels of l0-l5.This article is only completely intelligent in terms of l4 and l5 without human intervention.Relevant legal regulations are discussed and analyzed.The full text is divided into four chapters:The first chapter is the research and evaluation of the legislation related to autonomous driving.It mainly analyzes the meaning of autonomous vehicles and the legislative analysis of autonomous vehicles in various countries.China's definition of "smart networked cars" for autonomous vehicles.At the same time,in the whole intelligent environment,the development status and trend of autonomous vehicles are analyzed.Especially in China,as a big automobile country,the country is constantly striving to promote the development and road test of autonomous vehicles.The legislation of countries such as Europe and the United States earlier than China,after the study of foreign legislation,compares the current regulations on the introduction of autonomous vehicles in China,and analyzes the shortcomings of China's current regulations.In the second chapter,after the infringement damage of the self-driving car occurred,the user's responsibility for the regulation was studied in depth.By discussing and studying the traditional motor vehicle tort liability,animal tort liability and employer substitution responsibility and the responsibility of the self-driving car users,the rules for the determination of the responsibility of the self-driving car users and the principle of returning are summarized.In the third chapter,after the infringement damage of the self-driving car occurred,the regulation of the responsibility of the designer and the producer was thoroughly studied.By discussing and studying the product defect rules,the elevator infringement rules and the challenges to the current laws in China,the rules for the determination of the responsibility of drivers and producers of autonomous vehicles,the principle of return and the special excuses are summarized.The fourth chapter proposes to give legal autonomy qualifications to autonomous vehicles.This paper believes that giving legal autonomy to autonomous driving vehicles can simplify the legal relationship of complex autopilot car infringement,help victims get timely relief and reduce the legal responsibility of production designers,thus promoting the development of autonomous driving auto industry.