| With the continuous development of artificial intelligence,driverless cars are also presented to people’s attention.This new driving mode not only brings convenience to people’s travel and relieves traffic congestion,but also challenges the current tort liability legal system in China.For example,the traditional tort liability legal system based on human driving behavior is not fully applicable when traffic accidents occur between driverless cars and motor vehicles,non-motor vehicles and pedestrians.Although driverless cars are not in mass production at the present stage,driverless cars have been used by human beings,and traffic accidents have occurred in driverless cars.The current tort liability law in China is inadequate to deal with such new tort cases.If China’s legal system cannot keep up with the technological development of driverless cars,it will lead to a series of social and legal problems.Therefore,this paper will combine domestic and foreign scholars’ research on the tort liability of driverless cars and other legal issues,as well as the legal systems of the United States,Germany and other foreign countries on the tort liability of driverless cars,so as to build and improve the legal system of the tort liability of driverless cars in China.This paper is divided into five parts as follows:The introduction.This article take the literature analysis,comparative analysis,case analysis,combined with the development of self-driving car,driverless cars problem caused by traffic accident,some Chinese laws and regulations for driverless cars as the background,the domestic and foreign scholars in driverless cars tort liability related issues,driverless cars legal issues related to research present situation,has been clear about the differences of research at home and abroad and the shortcomings of the existing research in our country.Chapter 1: Overview of driverless cars.This chapter defines the concept of driverless cars,makes clear the social value of driverless cars in traffic safety,traffic congestion,drivers and other aspects,and points out the characteristics of autonomous dehumanization,data dependence and scientific and technological ethics of driverless cars.Chapter 2: The challenge of driverless vehicle to our current tort law.This chapter takes the traffic accident liability and product liability as the main line,mainly discusses the challenges brought by the tort liability of driverless cars to the current tort legal system from the following three aspects: the subject of liability,the principle of imputation,and the causal relationship,and analyzes the problems and difficulties in the tort liability of driverless cars in China.Chapter 3: the foreign legal regulation of the infringement of driverless vehicle.This chapter analyzes the status quo of the legal system of tort of driverless cars in the United States,Germany and the United Kingdom,and compares the legislation of tort liability of driverless cars in other countries,taking the essence and eliminating the dross,which can be used as the experience of improving the tort laws and regulations of driverless cars in China.Chapter 4: the construction of tort liability of driverless vehicle in China.This chapter will combine for driverless cars abroad experience of tort liability law,the corresponding in this paper,the second chapter driverless cars to the challenges brought about by the current system of tort liability,without changing the current tort liability under the premise of type,around the components of the traffic accident liability and product liability,respectively from the driverless cars tort liability subject,imputation principles,causal relationship between three aspects to carry on the analysis,to perfect our country driverless cars tort liability law put forward feasible Suggestions. |
