Research On Tort Liability For Damage Caused By Self-driving Cars

With the continuous development of artificial intelligence technology,the era of self-driving cars is creeping in.The commercial interests and broad development prospects behind autonomous driving have been recognized.Autonomous vehicles are a kind of artificial intelligence.They are also called wheeled mobile intelligent robots.They mainly rely on the intelligent driving system inside the car to replace the driver to complete the vehicle.travel.As a typical representative in the field of artificial intelligence,its rapid development and maturity make the global automotive industry intelligent and unstoppable.From the perspective of modern technological breakthroughs and national practices,the main directions and application scenarios of future autonomous driving vehicles are mainly focused on the L3 level.Automated driving level above.With the increasing autonomy and deep learning ability of autonomous vehicles,the lag of law has caused China to face some real challenges in autonomous driving.First of all,the legal status of autonomous vehicles is not clear.At present,there are auto-driving cars that say "objects" and "subjects." “The object says” that the L1 and L2 driving phases did not have a subversive challenge to the traditional civil subject,and still regarded the self-driving car as the existence of “things”;the “subject said”that the self-driving car has externality.Physical characteristics,but based on sensing,algorithm,GPS,independent decision-making,not subject to human control,already has "anthropomorphic attributes",can become the legal subject.This paper criticizes the "subjective theory" from the two dimensions of physical form and autonomy.Secondly,at present,there are “traffic accident liability theory”,“product liability theory”,“animal infringement theory”,“employer substitution responsibility theory”and “elevator infringement theory” on the path of autonomous driving infringement rules.These theories attempt to explain from different angles.The attribution path for autopilot car infringement.According to the different subjects of the ultimate responsibility,this paper summarizes them into three categories,with reference to"product quality responsibility" and "elevator tort liability" to bear the tort liability by production;refer to "traffic accident liability","feeding animal tort liability"," The employer's substitute liability shall be the tort liability of the user;the autonomous car shall bear the tort liability with reference to the “subject said”.Finally,it is difficult to prove that the cause of the infringement is not clear because the self-defense is difficult to prove and the cause of the infringement is difficult to ascertain.The limitations and lags of traditional tort law,road safety traffic law and other legal rules can not guarantee the refusal of the infringer.How to respond to such technical innovations,we can learn from the relevant legislative experience of developed countries such as the United States,Britain,and the European Union.The United States has established a responsibility model for autonomous driving infringement for autonomous driving,and established a highly automated driving vehicle advisory committee.At the same time,it is required to retain all the data from the Eurodong driving system to facilitate the restoration of the infringement facts;German legislation clearly defines the definition of “automatic driving vehicle”,stipulates the special duties of the driver,requires the installation of “black box” to realize the decision-making traceability mechanism,and enhance the compensation.Relief;when the EU revised the current bill,it proposed to give artificial intelligence an "electronic personality",and to provide relief through the establishment of a compulsory liability insurance system and the establishment of a special fund for compensation.After drawing on the advanced experience of developed countries,several solutions have been proposed,based on the existing “product liability” + “motor vehicle accident liability” responsibility,supplemented by the dual insurance structure of “commercial insurance” + “cross-risk insurance”.The “black box” equipment is equipped to facilitate the settlement of claims and the establishment of a self-driving vehicle compensation fund and other relief paths,and seeks overall benefits in balancing victim relief and technological development innovation.