Research On Alternative Responsibilities Of Autonomous Vehicle Users

Artificial intelligence technology has been widely used in all industries.Artificial intelligence has significant anthropomorphic characteristics,which results in the civil liability of the intelligent robot,the automatic driving automobile and other artificial intelligence products,and is facing a number of legal problems.With the development of the autonomous,learning and adaptive ability of the intelligent robot,such as the automatic driving of the automobile,it is difficult to regard it as a simple tool in the hand of a human being,and on the other hand,it is difficult to predict,The problems such as the complexity of the cause and effect will make it more difficult to prove the liability of product defects and so on,and the demand for new legal rules will become more and more difficult.The more pressing it is.This paper is divided into three parts.The first part mainly discusses the typical representative achievements of the auto-driving automobile as the artificial intelligence,the safety,the autonomy,the difficulty and the complexity of the causality,the level of the automatic driving technology and the incidence of the traffic accidents.Improve that traffic jam and reduce the social value,such as the requirements of the driver of the automobile.At the same time,the legal status of the auto-driving automobile is analyzed,and it is considered that the legal status of the auto-driving automobile is in accordance with the legal theory of the civil law,and it has the practical needs and feasibility.The second part mainly discusses the composition and distribution of the responsibility under the automatic driving technology On the basis of the theory of the replacement responsibility system,it is considered that the current research on the responsibility of the auto-driving of the automobile's tort is mainly focused on the subject and the responsibility of the responsibility.It is pointed out that,under the influence of the automatic driving technology,the main body of the auto-driving vehicle's tort liability has been extended from the driver to the manufacturer,the auto-driving automobile software designer and so on.Some scholars believe that the existing rules of over-fault liability,product liability and so on can deal with the damages caused by the infringement of the auto-driving car,and another part of the scholars thought that the new system of responsibility should be needed to deal with the change,in particular to a certain legal personality for automatically driving an automobile,For its own tort,it is applicable to the general negligence liability system,and refers to the risk responsibility,and refers to the animal's tort liability and other programs.At the same time,the development course of the substitute responsibility is simply discussed,and it is pointed out that the main characteristic of the substitute responsibility is that the actor is separated from the person in charge and has a specific relationship with the person in charge.The occurrence of the person's tort is still under the "control" of the responsible person,and the legal basis of the substitute responsibility is mainly to pay attention to the obligation theory,the risk assessment theory,the control supervision theory and the ethics-based consideration.The fourth part is mainly applied to the automatic driving of the automobile.First of all,it is pointed out that the type of alternative responsibility is developing with the progress of society,and it simply analy-zes the three mature types,including the user's substitution responsibility.It is considered that there is a dilemma in the application of fault liability and product liability,which is one of the mainstream viewpoints to solve the tort liability of self-driving car,while the existence of alternative liability is applicable space and necessity.Clarifying the concept of user in the self-driving vehicle user is not exactly the same as that of the user under our general semantics,and it is clear that the user concept is the related subject similar to the "employer".It is pointed out that the substitution responsibility of self-driving vehicle users is really for the people.Liability,the nature of no fault liability,its application has the theory of risk allocation or risk absorption and other legal basis,in the specific application should follow the principle of strict liability imputation.And satisfied that the responsible person is self-driving vehicle in a specific sense of the user;There is a close relationship between the infringement of self-driving car and the "employment relationship" of its user,which is the substitute of the person responsible for the infringement of the self-driving car,and the damage caused by the infringement of the self-driving car is closely related to the "employment relationship" of the user.According to the separation of the user and the manufacturer,this paper analyzes the two kinds of application of the substitute liability of the self-driving vehicle user,and points out that the liability system should be applied in the future.The legal subject status of self-driving vehicle,the development and perfection of the relevant legal rules and supporting mechanisms.