Research On The Subject Of Infringement Liability For Driverless Cars

Self-driving cars have developed rapidly in recent years.According to relevant statistical reports,there are currently more than 70 companies producing self-driving cars in China,such as Baidu,Xiaoma Ruixing,Jingchi,roadstar,and Tucson.On the one hand,self-driving cars have brought great convenience to people's lives,and their safety has been greatly improved,reducing traffic accidents due to drunkenness or fatigue driving,and ensuring people's lives and property safety;commuting time also Shortened,relaxing people's travel.On the other hand,since the unmanned vehicles industry is still in test use and development,it cannot guarantee 100% safety.Then when a unmanned vehicle has a traffic accident,due to the high degree of autonomy and other attributes of the unmanned vehicle,the traditional "driver" does not need to be vigilant or perform the duty of care,making the driver of the unmanned vehicle Turning into passengers,we cannot apply the traditional liability for motor vehicle traffic accidents,where the driver is the main responsibility body.In the absence of relevant supporting laws and regulations,we also cannot give independent drivers the qualification to take responsibility.Therefore,the identification of the subject of tort liability for unmanned vehicle has become a difficult problem.This article is mainly divided into three parts to explore the subject of tort liability for unmanned vehicle.The first part analyzes the predicaments encountered in the process of determining the liability of unmanned vehicle infringement by introducing the Uber unmanned vehicle collision case,such as the difficulty in identifying the responsible subject,the confusion of the imputation principle and the difficulty in determining the cause and effect.The second part mainly compares the advantages and disadvantages of the liability of the various participants in the car in the event of an accident in the self-driving car that causes injuries and deaths.It denies the main responsibility of the self-driving car or its user to encourage technological innovation and protection in a balanced manner.Based on the principle of the interests of the victims,through the coordination of the existing legal system,it is finally determined that the manufacturer of the self-driving car applies product liability and assumes the main responsibility;the third part constructs the subject of the tort liability of the self-driving car,and On the basis of the main responsibility of the dealer,the user of the car should also perform appropriate duties of attention,download and update the system in accordance with the instructions of the car in a timely manner,and regularly maintain the car;when a third person illegally invades the system and causes serious In the event of a consequence,the manufacturer of the car and the third party bear no joint and several liability;at the same time,a liability insurance system is introduced to supplement the liability of the unmanned vehicle manufacturer.So as to truly encourage the equal emphasis on technological innovation and protection of victims,and promote the development of the unmanned vehicle industry.