Research On The Tort Liability Of Driverless Car

Almost all industries are introducing artificial intelligence technology.Among the achievements of artificial intelligence technology,intelligent vehicle is considered as one of the most promising fields.However,as an emerging thing,intelligent driving vehicle has brought a series of problems to be solved for the civil law.In the United States,there have been a number of autopilot motor vehicle accidents in recent years.In Beijing,there have also been fatal cases of autopilot car accidents.In case of damage accident,the responsible subject should be responsible for it,including owner,user,producer and even driverless car.Who is responsible? What are the responsibilities? Is there a liability dilemma? This paper will focus on the above ideas,the article will be divided into six parts for analysis.Based on the research object,this paper is divided into five parts for analysis.The first part is the introduction,which clarifies the research object of this paper,and holds that the subject and method of liability for the damage caused by the driverless car still need to be responded by legal rules.At the same time,the literature related to the problems discussed in this paper is sorted out.The second part explains the purpose of tort law and the challenge of driverless tort to tort law.The third part is the technical characteristics and grades of driverless car.It shows that driverless car is the ultimate form of intelligent car,and there is a huge technical difference between traditional car and driverless car.The fourth part analyzes the legal status of driverless vehicle.The legal subject qualification of driverless car is denied.It also discusses the software and algorithm that constitute the control core of the driverless car,which shows that it has the product attribute,and provides the premise for the application of the product responsibility of the driverless car below.The fifith part is the liability path of the infringement of driverless car.It is pointed out that the liability for road traffic accidents has not been able to solve the problem of causing damage to others by driverless car,and it is more reasonable to turn it into product liability.It is demonstrated from two aspects: the rationality of the manufacturer’s product liability and the applicability of the law of product liability.The sixth part is the identification of the design defects of driverless car.There are still defects in the application of product liability to the infringement of driverless car.Because the operation of driverless car is dominated by software program and algorithm,its product defect is mainly design defect,but under the defect standard of product quality law of China,there is a dilemma in the determination of design defect of driverless car.Therefore,this paper introduces two kinds of design defect standards in the United States under the comparative method,and analyzes the rationality of the risk-benefit standard that can be used for driverless car.Innovation of this paper lies in the content of writing and the way of argumentation.The Content,China’s autopilot car The policies are mainly focused on road testing,while the laws and regulations are still in a blank state.In terms of thinking,this paper not only denies the legal subject qualification of driverless car,but also demonstrates its product attributes,and on this basis,analyzes the applicable rules of product liability.This is more theoretical basis than whether driverless car is a product and directly considers it applicable to product liability.Because whether driverless car,a highly intelligent new thing,should be endowed with its legal personality and product attributes is a controversial issue,and the recognition of the issue directly affects whether it can apply to product liability.Through the combination of these two problems,it is more practical than only demonstrating the property of driverless car without explaining its applicable product responsibility.