| Autopilot is a safe driving behavior of vehicles that conform to human driving rules in accordance with the setting of automatic driving system without human manipulation.The connotation of the concept of automatic driving should include partial driverless driving and complete driverless driving.It is only automatic driving if it can drive safely under the condition of driverless driving.Autopilot is a civil object,to realize and extend the will of developers or users.At the same time,it is based on highly simulating the algorithm of human driving manipulation and thinking,obeying traffic laws and regulations,making relatively independent decisions,and not taking legal responsibility independently.Under the premise of guaranteeing legality and security,our country has carried out the road test work of the intelligent network union,and paved the way for the commercial popularization of the automatic driving system.With the high attention and strong support of the central government,China’s legislation on automatic driving is strict with safety requirements,and also emphasizes the inevitable instability of inclusion.However,we still need to pay more attention to the specific rights and obligations,and make clear provisions on traffic accident infringement and related supporting legal system.The driver of the vehicle shall be identified as the responsible subject in case of accidents under some automatic driving conditions;in case of traffic accidents under fully automatic driving conditions,the driver shall not be responsible for the occurrence of the accidents because he is not required to pay any attention,and the responsible subject shall be identified as the owner of the vehicle;in extreme conditions,the passenger still has the possibility of becoming the responsible subject.When there is a traffic accident between an autopilot and other motor vehicles,the principle of fault liability is no longer sufficient to solve the problem.There should be two steps to deal with traffic accidents between self driving vehicles and non motorized pedestrians.First,the principle of fault is applied first,and then the principle of no fault is applied.In the field of autopilot product liability,the main cause of traffic accidents is not the operational errors,but the defects of the automatic driving system.Under such circumstances,the scope of product liability entities should be appropriately expanded to include providers of automatic driving systems.In the field of insurance law system,considering the relief of the infringed,we should expand the scope of insurance and increase the main body of insurance.In addition,the requirements for accident rate cannot be one-sided.We should do a good job in driving classification and the establishment of automatic driving space to achieve a balance between regulation and development. |
