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Research On The Identification Of Tort Liability Subjects Of Autonomous Vehicles

Posted on:2021-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:S LiuFull Text:PDF
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Regarding the problem of self-driving car infringement,there is a lot of discussion in academic circles.In practice,there have been many accidents involving self-driving car infringement.Difficulties exist in the application of the current Tort Liability Law,and on the other hand,no new relevant legal regulations have been formulated.Therefore,it is determined that the subject of liability is an issue that needs to be resolved in the face of self-driving car infringement.In view of this,this article starts a discussion on the identification of the subject of self-driving car infringement.The full text is divided into four parts:The first part defines self-driving cars,including the definition of self-driving cars,and the level of self-driving cars.The particularity of the self-driving car infringement is analyzed,including the characteristics of autonomy,data dependence,and ethics of science and technology,and the impact on the subject of responsibility.The second part discusses the possibility of applying different current tort liability rules according to the different subjects of responsibility.For the self-driving car users,the following may be proposed: motor vehicle traffic accident liability,high-risk liability and labor dispatch liability;for autonomous driving Car manufacturers,designers,and sellers have proposed to refer to elevator infringement rules or product liability rules.Aiming at the dispute over the legal personality of self-driving cars,the viewpoint of negating the qualifications of civil subjects is put forward.Through comparative analysis,it is determined that the subject of the infringement liability of the self-driving car shall be based on motor vehicle traffic accident liability and product liability.The third part mainly analyzes the predicament of identifying the subject of liability based on motor vehicle traffic accident liability and product liability.When applying liability for motor vehicle traffic accidents,it is difficult to identify autonomous vehicle users as the subject of liability based on the doctrine of “operational dominance and operating benefits” under narrow dualism,and the user's obligations have not yet been clarified,making it difficult to determine their fault;At present,there are difficulties such as difficulty in identifying product defects,disputes over the legal status of the designer of autonomous vehicles,and difficulty in applying exemption clauses;And the dilemma of the responsibility subject identification in the transition process of different driving modes.The fourth part first puts forward solutions to the difficulties in the third part,and adjusts and applies them.Regarding motor vehicle traffic accident liability,it puts forward suggestions on the identification of the subject of the responsibility,and clarifies the warning of the user of the self-driving car-the responsibility of taking over;The "driver standard" as the basis for judging product defects,clarifies the obligations and exemptions of the product liability body.Aiming at the dilemma identified by the responsible subject during the transition of different driving modes,it is proposed to distinguish between different driving modes and different driving stages.In the case of a manual driving mode,a traffic accident occurs.The motor vehicle traffic accident liability applies,and the user bears the responsibility Under the infringement,due to the defects of the self-driving car,the applicable product liability shall be borne by the producer.By installing a black box,the warning is restored-the whole process of taking over,clarifying the responsibility of each responsible body in case of infringement of autonomous vehicles.
Keywords/Search Tags:self-driving car, subject of responsibility, product Liability, motor vehicle traffic accident liability
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