Discussion On The Liability Of Automatic Driving Vehicle Accident

Along with the arrival of the age of artificial intelligence,new technological revolution has arised in automated vehicle industry.With technological transformation,automated vehicle contributes to improving peoples' lifestyle,increasing travel efficiency,enhancing traffic safety and promoting a city's civilization level,so that new technology is made to serve people better.At present,autonomous driving technology is being at the stage of research and development.It is urgent to make efforts to give a legal response concerning how to apply autonomous driving technologies to reduce traffic accidents and ascertain liabilities arising out of accidents involving automated vehicles.China should formulate and amend relevant laws and regulations as soon as possible,so as to provide timely and comprehensive legal protection for the research,development,testing and commercialization of automated vehicles.The first part of this paper introduces the purpose,significance,emphasis,innovation,present status and methods of research.The second part describes the challenges brought by the accidentsinvolving automated vehiclesto existing legal system.Firstly,the subject of infringement has changed.Besides the driver,a new driving system has been added,which makes it more difficult to identify the subject of infringement.In addition,it is difficult for the existing traffic rules whose focus is on driver's liability of paying attentionto continue to apply,which can be turned into product liability,but there are also some problems such as the difficulty of proof of defects.The third part elaborates the legislation and rulemaking of Germany,the United States and the United Kingdom on automatic driving,and evaluates their advantages and disadvantages.The fourth part is the preliminary construction of the framework of China's automated vehicle accident liability rules.After learning lessons from foreign countries,according to the technical classification of automated vehicles,we formulate rules to determine the tort subject and liability assignment,in which the determination of traffic accident liability not involving with autonomous vehicles could refer to traditional rules,while that involving with fully autonomous vehicles could refer to product liability rules,and establish an automated vehicle liability insurance system,so as to build a preliminary framework of China's automated vehicle accident liability rules.