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Research On Tort Liability Of Automatic Driving Vehicle

Posted on:2021-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiuFull Text:PDF
GTID:2506306248467264Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Economic globalization not only brings people closer,but also makes the competition of all countries in the world more and more fierce.Science and technology,as the core productivity,has become the most important part in the competition of all countries.Self driving vehicle,as the most promising field of artificial intelligence technology and daily life needs,has become a new technology actively promoted by various countries.Based on the characteristics of safety,convenience and stability,it can eliminate the reckless behavior of human driving and directly avoid human factors in a large number of accidents,such as safety,convenience and stability.Once the technology is widely used,the accident rate is expected to be greatly reduced.Due to the lagging development of the law,the field of autopilot is facing the lack of legal system and statutory standard.Some countries and regions in foreign countries are in the leading stage in revising the existing laws and formulating new policies and regulations,but the relevant systems need to be substantially improved.The regulatory documents of the Commission and the local government are relatively weak in enforcement.In order to effectively promote the development of the auto driving industry and standardize the related problems in this process,it is imperative for the NPC and other departments to push forward the legislation of higher order.As a new product in the development of science and technology,autopilot is a new product in the process of technological development.Due to its particularity in legal status and technical characteristics,the identification of responsible subjects and the distribution of liability principles in tort liability of autopilot can not directly apply to the current legal system in China.The right accident shows that the development of science and technology can not completely avoid the occurrence of tort problems.Therefore,the corresponding legal system should be constructed according to the characteristics of the liability of the automatic driving vehicle.This article takes into account the two main lines of the rights relief of the victims of auto driving torts and the development of the automatic driving vehicle industry.It also analyzes the difficulties faced by the existing system of tortious liability of the self driving automobile,and at the same time,draws lessons from the relevant legislative experience abroad,and puts forward some suggestions for the construction of the tort liability system of the automatic driving vehicle.The first is to include the producers,sellers and owners of autopilot into the scope of tort liability and bear tort liability under different circumstances.Two,it is to determine the liability principle of liability for driving accidents when applying the liability of auto driving vehicle to traffic accidents according to the different situations of the two parties.The principle of imputation of no fault liability;the three is to define the tort liability applicable to automatic driving vehicles;the principle of distribution of the burden of proof for those who advocate the burden of proof;the tort liability between the self driving vehicle and the traditional driving car and pedestrians;the burden of proof on one side of the self driving vehicle;the tort liability and the burden of proof between the self driving vehicle and the occupant;and the proof of causality.It is borne by the producers.Four,the victim's intention,accident and force majeure shall continue to be regarded as the exemption reasons for the infringement liability of the automatic driving vehicle,and the exemption of the development risk defense shall be removed.
Keywords/Search Tags:Automatic driving vehicle, tort liability, system construction
PDF Full Text Request
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