Study On The Legal Issues Of Liability For Autonomous Vehicle Traffic Accidents

Autonomous vehicles have shown their clear advantages of replacing traditional driving.The design and manufacturing side also positions the advantages of autonomous vehicles as that it can reduce or even avoid the occurrence of traffic accidents and ensure human safety,which will inevitably become the main human traffic tools shortly.However,at present,the technology is still not mature enough,autonomous vehicles can not fully meet the driving requirements of human expectations,resulting in traffic accidents that have caused human damage in real life,which leads to the current legal system can not deal with the problem of liability.The traditional traffic accident liability rules based on the driver’s fault behavior are gradually reduced and replaced by the automatic driving system of autonomous vehicles because of the role of human drivers.The product liability rules are also faced with challenges because autonomous vehicles are different from the intelligent attributes of traditional products.Based on the actual situation and system needs,how to solve the responsibility attribution while encouraging technological innovation in the field of autonomous vehicles,and how to remedy the injured party,is an urgent problem to be solved.This paper attempts to promote the adjustment and construction of rules from the difficulty of application of the law to the difficulty of liability under tort liability discusses the attribution and the difficulty of liability in-depth and solves the problem of liability bearing of autonomous vehicles traffic accident by combining reconstruction and improvement.Based on this,in addition to the introduction,this paper will be divided into four parts,focusing on the tort liability caused by autonomous vehicles.The first part,first of all,compares the autonomous vehicle with the traditional car,analyzes the characteristics of the autonomous vehicle,which is based on the traditional car,intelligent,autonomous and external networking interaction,and defines the autonomous vehicle.At the same time,it introduces and analyzes the representative technology classification of autonomous vehicles at home and abroad,and determines the research object of this paper.Secondly,based on the discussion of responsibility attribution,through the definition of autonomous vehicle traffic accidents,it is defined as the traffic accident between autonomous vehicle,motor vehicle and non-motor vehicle and pedestrian,which is not completely under human control.Finally,the main types of autonomous vehicle traffic accidents are distinguished based on typical cases,and the characteristics of autonomous vehicle traffic accidents are summarized to pave the way for the following.The second part,first of all,focuses on the current legal system of our country,finds a more reasonable path of liability attribution in theory,and determines the liability for traffic accidents and product liability as to the direction of further research.Secondly,it introduces the current situation of motor vehicle traffic accident liability and product liability regulation.At last,the paper classifies the two ways of liability fixation that do not agree with the autonomous vehicle traffic accident,mainly including the difficulty in identifying the subject of liability,the unclear content of liability and obligation that affects the fault judgment,the difficulty in applying the judgment standard of product defect,the difficulty in identifying the "causal relation" of product liability,and the possible abuse of the exemption clause,to clarify the autonomous vehicle traffic accident in China There are some difficulties in the way of the imputation of tort.The third part,turning the vision to the extraterritorial countries,from the general and more regulatory nature of the automatic driving act of the United States,the driver’s rights and responsibilities,the amount of compensation,the storage and utilization of autonomous vehicle information and other issues of the German road traffic law amendment case,the automatic driving vehicle into the compulsory insurance coverage,will expand the object of compensation to any.The British"automatic and electric vehicle act" of "human" has obtained the enlightenment for China to construct the path of liability fixation of autonomous vehicle infringement.The fourth part,first of all,puts forward that based on the inherent dilemma of direct application of the existing rules and the inability of interpretation theory to solve,we must reconstruct the liability system of the infringement of autonomous vehicles in China,which will reconstruct the liability of motor vehicle traffic accidents and improve the product liability.Secondly,there are two kinds of responsibilities.On the one hand,on the liability of autonomous vehicle traffic accidents,the system of the owner is introduced to establish the subject of responsibility as the owner who enjoys the operation interests and operation control,and the principle of strict liability is applied.On the other hand,on the issue of product liability of autonomous vehicle,we should take "reasonable expectation of consumers" as the identification standard of product defects;adopt the theory of equivalent causality to identify the existence of causality,adjust the understanding of"reasonable foresight",and interrupt the effect of the intervention of negative factors;adopt the way of restriction to limit the possibility of producers’ defense of abusing development risk.Finally,to make up for the lack of responsibility standard identification,responsibility proof difficulties and untimely relief,we will improve and build relevant systems and supporting technical measures of autonomous vehicles,try to fill in the gaps of safety standards and supervision systems of autonomous vehicles,and introduce the "black box" technology to reduce the double burden of proof caused by the difficulty of finding out and explaining the causes of accidents after autonomous vehicle traffic accidents At the same time,it is necessary to establish that the insured of compulsory liability insurance is the autonomous vehicle owner,and expand the insurance object of compulsory insurance,including the vehicle personnel and the insured to a certain extent as a means of relief.