Research On The Application Of The Law Of Infringement Of Smart Car Traffic Accidents

Traffic accident tort of intelligent automobile is different from traditional automobile,because intelligent automobile has a variety of driving modes,and different driving modes correspond to different driving environments.When encountering traffic accidents,different driving environments correspond to different torts,and different torts are subject to different legal norms.In the process of operation,intelligent cars automatically set preferences to drivers' driving habits through functions such as deep learning and big data analysis,thus changing the original design logic of designers.As a result,it is difficult to find the causal relationship between accident results and designers when traffic accidents occur.Then affect the product quality law on the identification of such automotive defects.At the same time,it also affects the logical path of the road traffic safety law in dealing with cases of intelligent vehicles,because the internal logic of the law is to find the correlation between the danger of the vehicle itself and the liability compensation.Therefore,the core of the research on traffic accident tort of intelligent automobile is not to find the subject of responsibility,but to choose the right of claim.In this paper,the author explores the theoretical and practical sources of this kind of tort by taking the liability of intelligent automobile traffic accident as the research starting point.Based on the traditional traffic accident handling rules of motor vehicles and the prominent characteristics of intelligent vehicles in this kind of infringement,this paper analyzes the difficulties encountered by the traditional rules in determining the legal status of intelligent vehicles and in balancing and solving the application of different legal norms.Then,on the basis of the difference of liability,the basic scope of the right to claim for the tort of intelligent automobile traffic accident is defined,and the practical contradictions and theoretical convergence of different legal norms in the application are clarified by combining with the current theoretical disputes in the legal and practical circles about the existence of such tort.Furthermore,it is concluded that in the low-level driving mode,the intelligent vehicle is applicable to article 76 of the road traffic safety law,and article 41 of theproduct quality law and relevant judicial interpretation in the advanced driving mode.But the traditional traffic accident legal norms are not included in view of the smart car and set special commercial insurance,so the smart car traffic accident should add special risk to make the rules more perfect,the practice is based on Beijing,Shanghai,shenzhen,chongqing and other cities in China set about smart car insurance,the amount of 5 million yuan can be based on the combination of smart car different driving modes respectively set arithmetic insurance amount.However,the application of reference is only a temporary strategy.China should speed up the legislation in the field of intelligent automobile,so that the cases of intelligent automobile traffic accidents can be truly and effectively solved.