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Research On Tort Liability Of Auto Driving Vehicle Accident

Posted on:2022-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:M PangFull Text:PDF
GTID:2506306473993449Subject:Master of law
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With the development and application of artificial intelligence technology in traditional cars,self-driving cars have become a development opportunity that the automobile industry attaches great importance to.With the rapid development of autonomous vehicles,China's laws and regulations should also actively regulate this.Due to the significant difference between autonomous vehicles and traditional vehicles,the current road safety regulations are difficult to fully apply to the tort liability of autonomous vehicles.Based on this background,this paper uses the methods of comparative analysis,value consideration and literature research,and divides into four parts: the general situation of autonomous vehicles,the analysis of core legal issues,the research of foreign legislation and the suggestions of core issues.The first part describes the general situation of autonomous vehicles.First of all,starting from the concept and classification of autonomous vehicles,this paper sums up the characteristics that the system driving of self-driving vehicles and the driving operation of actual drivers cross each other,and then derives the particularity of self-driving vehicles and traditional vehicles in the event of road traffic infringement accidents.Therefore,it is necessary to carry out separate legal regulation on self-driving vehicles.Secondly,it introduces the latest situation of road test of self-driving cars in China,and sorts out the current situation.Finally,it compares the characteristics of self-driving cars,such as the application of high and new technology,the complexity of subjects involved,and the legal gap in the application of artificial intelligence.It is different from the traditional automobile traffic accident tort liability in the determination of tort liability.The second part introduces the challenge of auto-driving automobile traffic accidents to the current tort liability system.The second part firstly introduces the relevant provisions on traffic accident tort liability in the latest Civil Code and Road Traffic Safety Law,and combs the current provisions on the determination of the main body of responsibility and the principle of imputation;After that,through the relevant laws and regulations on autonomous vehicles that have been implemented at the central and local levels in China,the advantages and disadvantages of representative regulations are analyzed,and the lack of detailed research on the responsible subjects and direct application of existing road traffic regulations also lead to the analysis of specific problems.After that,it introduces the current situation of tort liability of traffic accidents in China,and analyzes the subject qualification,liability determination,imputation principle,whether to set up a new appraisal institution to determine the liability of traffic accidents,and the improvement of supporting norms,so as to explain the challenges of tort of traffic accidents of self-driving cars in China to the current legislation.First of all,it is the first problem to bear tort liability that the dominant position of the automatic driving system cannot be clearly defined;Secondly,in the process of taking over and transition between systematic driving and manual driving,it is impossible to clarify the infringement subject and reasonable imputation method;Thirdly,learn from advanced experience and consider that the identification of traffic accident responsibility needs professional identification institutions,which is convenient for more scientific determination of accident responsibility;Finally,China's other supporting facilities for the infringement of self-driving cars are not perfect,which hinders the use and promotion of self-driving cars to a certain extent.The third part draws lessons from the advanced experience of extraterritorial legislation,and concludes as follows: First,both producers and consumers are introduced as the subjects of responsibility.Second,in order to promote the development of the industry,we should improve the insurance system and strive to spread risks.Third,in order to clarify the cause of the accident,a "black box" can be installed to record the unexpected situation before the accident.The fourth part tries to put forward some suggestions to solve the problems in the second part.The main conclusions are as follows: First,deny the subject qualification status of autonomous vehicles,and then determine the product attributes of autonomous vehicles,which makes it possible to introduce producer responsibility.Secondly,the users and producers of automobiles are incorporated into the scope of identification of infringing subjects,which makes the responsibility more reasonable and the victims can get better compensation.Thirdly,to clarify the imputation principle when infringement occurs,so as to make the attribution of liability more reasonable and operable.Fourth,try to set up a professional self-driving automobile traffic accident appraisal institution,so as to make the responsibility identification more scientific and fair.Finally,we should improve the supporting legal facilities,introduce government supervision,social relief,set up professional appraisal institutions and other measures,so that the infringement can be properly handled without hindering the research and development process of autonomous vehicles.
Keywords/Search Tags:self-driving cars, Tort liability, Subject of responsibility, Principle of imputation
PDF Full Text Request
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