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Research On Tort Liability Of Self-driving Cars

Posted on:2020-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q GaoFull Text:PDF
GTID:2436330602958208Subject:Law
Abstract/Summary:PDF Full Text Request
Along with the continuous development and popularization of autonomous driving technology,self-driving cars below the L3 level have been allowed to travel on public transportation roads,while unmanned vehicles are also undergoing continuous testing and development.However,it has to be acknowledged that while self-driving cars bring convenience to us,they also bring new challenges to our country's tort law.Since 2016,Uber,Tesla and many other auto-driving car traffic accidents have caused the academic circles to shift the focus of autonomous driving vehicles from "development" to "legal regulation",even including China.The state has begun to develop relevant laws and regulations for autonomous vehicles.In this paper,the problem of the responsibility of autonomous car driving infringement is taken as the starting point of the typical self-driving car traffic accidents occurring at home and abroad.The first chapter of this paper is an introduction.It mainly explains the background of the topic and the significance of the research.It emphasizes the necessity and urgency of researching the infringement problem of autonomous vehicles.The second chapter is titled the beginning of the problem of infringement of autonomous vehicles.This paper introduces the definition and classification of autonomous driving technology and the development status of autonomous vehicles,and selects the typical cases of autonomous driving infringements.The third chaptcr is about the existing automatic driving at home and abroad.The laws and regulations on automobilc infringement were collated and analyzed.The relevant domestic legislation selected the normative documents on the road test of self-driving cars issued by local governments in Beijing,Shanghai and Changchun.Foreign legislation has chosen Germany,the United States and the United Kingdom.The above countries have certain representativeness and forward-looking in the field of autonomous driving legislation.The fourth chapter introduces the main points raised by domestic and foreign scholars on the issue of autonomous car infringement liability or Responsibility commitment model,through comparative analysis of the advantages and disadvantages of different viewpoints or different models,the author believes that in view of the current relevant regulations and basic national conditions in China,it should adopt the "traditional" on the basis of maintaining the stability of the existing civil law system as much as possible.The liability model of motor vehicle traffic accident liability+product liability is used to regulate the infringement problem of autonomous driving vehicles in China;the fifth chapter is the construction of the liability system for autonomous driving automobile traffic accident infringement,and advocates the legislation and interpretation of the issue of tort liability in automatic driving accidents.In the process of law and revision,we should adhere to the principle of encouraging the development of science and technology and the protection of the rights and interests of victims,and leam from the Eighth Amendment of the German Road Traffic Law,the infringement of "traditional motor vehicle traffic accidents+product liability,for autonomous vehicles.Legislative model,hierarchically The country's autonomous car traffic accident infringement liability was discussed.In addition,it also discusses the problem that the causal relationship in the auto-driving car traffic accident tort liability determination is difficult to define.The author proposes to introduce the "black box" recorder to help clarify the infringement facts and eausal relationship,and refer to the UK insurance system to force auto-driving.Car owners purchase higher third-party liability insurance,and introduce insurance companies to share the burden of compensation for the auto-driving car.In summary this paper has two basic principles for the construction of China's auto-driving car traffic accident tort liability system.At the same time,it is mainly based on the responsibility of motor vehicle traffic accidents and product liability in China's existing laws,supplemented by the "black box" technology.With the high insurance fund system,we are committed to building a perfect responsibility system to solve the dilemma of the infringement liability problem of autonomous vehicles in China.
Keywords/Search Tags:automatic driving, infringement, motor vehicle liability, product liability
PDF Full Text Request
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