Research On The Tort Liability Of Automatic Driving

With the rapid development of network technology,the new technology of automatic driving also arrived on schedule.On the one hand,the emergence of self driving cars with big data analysis and autonomous learning ability is indeed gratifying,which can relieve traffic pressure and greatly reduce traffic accidents.On the other hand,the ability of accurate data analysis and independent judgment can not completely avoid the occurrence of traffic accidents,and its development constantly challenges the current legal system.The automatic driving vehicle can be divided into different grades according to automation.The level of automation is rising.The human operator is also transformed from "manipulator" to "passenger".This makes it appropriate for traffic accidents to gradually shift the responsibility of traffic accidents involving human beings,such as drivers,vehicle owners and others.How to define the nature and legal status of the automatic driving vehicle,define the main body of the traffic accident responsibility and how to allocate the tort liability are the urgent problems to be solved at this stage.If we can't face up to this problem,it will not only hinder the development of automatic driving technology,but also damage the interests of the victims,so that they can't get effective relief.Therefore,in order to make victims get effective relief and protect the rapid development of automatic driving technology,realize the comprehensive balance between damage filling and technological innovation,timely improve the legislative system of tort law,establish the supporting system of liability insurance system,and introduce the "black box" technology,etc.,it is worth in-depth discussion and discussion.The content of the article is divided into five parts: the overview of automatic driving,the discrimination of the personality of the autopilot car,the challenge to China's current legal system,the foreign law reference,the responsibility system and the related supporting system.The first part defines the concept of automatic driving vehicle,classifying it and the difference between it and traditional vehicle.Mastering the fundamental difference between autopilot and traditional vehicle,"who drives the car" is the premise of determining the rules of tort liability,and the automobile with different driving level is different from each other.The development status and social value of automatic driving are analyzed.Automatic driving has become the necessity of the development of the times.We should not only make it serve the public to avoid harm,but also can not hinder the progress of science and technology.The balance is the focus of our attention.The present legislation situation of autopilot is analyzed,and the traditional liability of automobile driving infringement can not fully adapt to the development of autopilot.The second part: the analysis of the legal personality of the autopilot car,and the views of those who are objective,subjective and eclectic.Objectively speaking,from analyzing the essence of "auto" is the essence of "object".The main body thinks that the self driving car can learn autonomously,and it can also have the main personality.The compromise is that now it is still in weak artificial intelligence,and the robot has not yet reached full automation.We can first make laws,just like corporate legal person.The author analyzes its essential physical form,technical attribute and whether it can be regulated by human law.The third part: the tort liability of automatic driving challenges the current law of our country.First of all,the main body of tort liability is generally the driver or the owner of the car when the traditional car accident occurs in our country.Secondly,there are many theories about the nature of the infringement law of the automatic driving vehicle,which applies to traffic accident liability,product liability,reference employer liability and reference animal rules.The author thinks that it is better to adopt both traffic accident liability and product liability,but there are still many deficiencies in regulation.When the liability of traffic accident is applied,it is difficult to confirm the main body's absence and fault liability.When applying product liability,it is difficult to determine the defect of product liability and causalityThe fourth part: the reference from overseas law: the comparative study of the responsibility of auto driving vehicle accident,compared with the system of the responsibility of the automobile accident in the United States,Europe and Japan,and provides reference for China to establish the new tort liability rules.The fifth part: the construction of specific legal rules and possible applicable legalprovisions.This paper discusses in detail the subject of responsibility,the principle of liability fixation,the form of responsibility,the burden of proof and proof of defects,and the reasons for exemption.It also discusses that we should build the relevant system supporting system.First,the liability insurance system can aggregate risk and disperse risk.The second is to introduce the "black box" technology to provide more objective data for the proof of product defects and causality,so as to ensure the fair distribution of responsibility.