Research On Liability Of Autonomous Vehicle Traffic Accidents

Large-scale road tests for autonomous vehicles cars are underway,and the era of autodriving cars is obvious.However,auto-driving technology will also bring a great impact on the current tort law system.How to respond to the impact of auto-driving technology and undertaking of auto-driving traffic accident responsibility on the current tort law is also worth thinking about.From autonomous vehicles actual cases of traffic accidents that have occurred and academia to discuss the point of view of autonomous vehicles,including the subject finds difficult,difficult to determine the responsibility principle,causality,fault identification,special defenses etc.The root cause of the above problems is because autonomous vehicles have the characteristics of autonomy and deep learning capabilities;and there are also technical grades according to different automation.Based on the classification of automation and basic characteristics,there are differences between autonomous vehicle traffic accidents and traditional motor vehicle traffic accidents;of course,the lagging development of the current tort law is one of the reasons.About the above problems,the first problem should be the responsibility bearing mode which can solve the subject of responsibility and the principle of imputation.Domestic and foreign legislation and scholars have put forward the “motor vehicle traffic accident responsibility” mode,“product responsibility” mode,“high risk operation responsibility” mode,“employee responsibility or guardianship responsibility” mode and so on.Comparing the advantages and disadvantages of the above modes of responsibility,we can draw the following conclusion: “motor vehicle accident responsibility” mode and “product responsibility” mode can deal with the single type of responsibility after being revised,and “high risk operation responsibility” mode and “employee responsibility or guardianship responsibility” mode can not effectively solve the problem of auto-driving vehicle traffic accident responsibility.The construction or selection of autonomous vehicle traffic accident liability system should be based on theoretical analysis based on its essential characteristics,and based on theoretical discussions such as technical ethics,risk liability,balance of interests,and scattered losses.Technological ethics confirms the people-centeredness,which affects the recognition of artificial intelligence legal personality and the subject of responsibility;the principle of liability and responsibility of dangerous liability confirmation and the subject of responsibility;the measurement of interests affects the interest of the subject;Based on the basic theory and the cause of the accident,the revised "motor vehicle traffic accident liability" + the revised "product liability" + "man-machine joint infringement liability" model is the type of liability model.Solve the problem of self-driving car infringement by means of hermeneutics.On the basis of the above-mentioned types of responsible responsibility models,the various types of liability components are analyzed.First,the revised liability for motor vehicle traffic accidents: the subject of responsibility shall be identified as the vehicle user,and the owner shall be held liable if there is a fault;the vehicle user shall apply the principle of plural liability according to the different victims;Elements of the special nature of performance,breach of duty of care and obligation to take over,The takeover obligation only exists in the L3-L4 stage,and the L5 stage will disappear,but the takeover as a right will always exist;the caution obligation exists in the L0-L4 stage,and the "careful attention" requirement gradually decreases as the automation level increases;L5 self-running phase of the vehicle,car users care duty of care does not exist;when mankind takes over the vehicle should be considered as artificially low level automatically,you need to do to care duty of care;defenses difference in the performance of third party liability.Second,the revised product liability: the subject of responsibility should be the manufacturer;the principle of imputation still applies the principle of no fault;the particularity of the constituent elements of liability is divided into two aspects,the particularity of the injurious behavior and the particularity of the causal relationship,and the injurious behavior The special manifestations of warning defects and design defects can be judged according to standards or methods such as technical ethics,warning obligations,technical specifications,and manufacturer commitments;The particularity of causality is that the deep learning ability will cut off the causality between the initial design and the damage result;proof of defects or causality can be solved by presumption or by reducing the standard of proof;In terms of defense,for the manufacturer,based on the fact that it is the designer of the autonomous driving technology and the beneficiary of the technology,if the hacking system is included in the fault of a third person,the manufacturer cannot be exempted,but after taking responsibility,it can recover responsibility.In addition,tram problems should be handled by vehicle users instead of artificial intelligence.Tram problems cannot be used as an emergency hedge for manufacturers.In the field of autonomous driving,Article 41(2)of the Product Quality Law stipulates three reasons for defense.(1)has no practical significance for discussion,and(2)requires a narrow interpretation of the connotation of defects.The application of development risks should be compared with the maturity of similar technologies at home and abroad;these three items also need to be amended as defenses.Third,the nature of human-machine joint tort liability is the infringement of several persons who have no intention of contacting each other.There are no differences between the two components in terms of the constituent elements of liability,the principle of imputation,and the reasons for defense.The subject of responsibility shall be the vehicle user and the manufacturer who bear the dangerous liability,and other parties shall bear the liability when there is a fault;the distribution of responsibility is divided into competing causality,partial causality,and situations where the fault and causality of the two parties cannot be clearly identified To assume joint and several liability;to share responsibility according to part of the causal relationship;to distribute liability evenly when the faults of both parties and the magnitude of the cause cannot be determined.In judicial practice,how to apply the revised "motor vehicle traffic accident liability" + the revised "product liability" + "man-machine joint infringement liability" model to resolve the liability of autonomous driving traffic accidents,The most important task is to determine the applicable mode of liability based on the different types of injurious act;on this basis,to identify the subject of responsibility,to prove the establishment and distribution of responsibility,and then to prove whether there is a defense.In other words,the following procedural issues still need to be resolved,mainly including : The identification rules and methods of the qualified responsible subject,the issue of the burden of proof and the allocation of burden of proof,the issue of the defense,etc.