Civil Liability For Traffic Accidents Caused By Artificial Intelligence Driving

Artificial intelligence driving technology not only opens the era of intelligent highway traffic,but also brings challenges to the relevant civil liability legal system.Chinese civil liability legislation needs to respond to the problems of AI driving traffic accident liability under the new technology and era background.The first part of the thesis,through the relevant traffic accident typical cases,reflects the complexity of artificial intelligence driving tort relationship.At the same time,artificial intelligence vehicles are classified according to the intelligence degree,the driving subject is uncertain,the autonomous operation and the risk is not controllable,so the determination of the tort legal relationship needs to be discussed in different situations.The single standard of liability in the existing law is not enough to be applied.The second part of the paper,based on the characteristics of artificial intelligence driving,when solving the problem of its civil liability,the existing traffic accident liability system is directly applied,so the subject of responsibility and fault cannot be attributed to the human who did not actually control the car,and the causal relationship is difficult to be identified because of its uncontrollable risk.If the product liability system is directly applied,the existing product defect identification standard,burden of proof distribution and producer development risk defense will be hindered.The analogy applies to other civil tort theories such as elevator theory,which is also improper in the aspects of the subject of liability and the principle of imputation.The third part of the paper,by combing the legislative achievements of the United States,Japan and other countries,looks for the reference of Chinese relevant civil liability legislation.First,most countries stipulate that AI vehicles only have instrumental legal status.Secondly,third parties such as reformers are introduced to expand the scope of human as the subject of responsibility.Finally,the "black box" system is adopted to determine the level of automation in the running state of the car,so as to match the corresponding civil liability assumption problem solving mechanism.The fourth part constructs the civil liability legal system of artificial intelligence driving in China.Firstly,the instrumental legal status of artificial intelligence automobile is determined.Secondly,on the basis of different automation levels,the rights and obligations of the owners,users,producers and other relevant subjects of AI cars are clarified by case,so as to determine the ultimate responsibility subject and imputation principle.Finally,the insurance systems of artificial intelligence driving traffic insurance,commercial insurance and product liability insurance are improved,and the diversified traffic accident relief mechanism of artificial intelligence driving is constructed through the establishment of artificial intelligence automobile industry fund and special government fund,so as to achieve the purpose of reasonably sharing the damage and effectively dissolving the risk.