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The Research Of Liability For Automatic Vehicle's Tort

Posted on:2022-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:W M ShanFull Text:PDF
GTID:2506306482952179Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The development of automatic driving,not only created our convenient life,but also made some problems of tort.Because of the challenge which new things made,on the one hand,we need to analyze these problems by a new viewpoint.On the other hand,we can't break through present theory and legal frameworks.Therefore,the combination of liability for motor vehicle's traffic and liability for product,is the best way to solve these problems.According to this solution,since automatic vehicle is special,the reason of taking responsibility,the elements of liability,and the people of taking responsibility,is also special.For the special feature,we should think about automatic vehicles of different levels,the distinct of driving by human and driving by computer,the interest of different people.We should analyze these problems and interpret current laws and regulations from a new perspective.The introduction part of the paper introduces the development status and infringement status of autonomous vehicles,and points out the development of new technologies in the 5G era and the challenges brought by the development of new technologies.It lists the different infringement regulation suggestions put forward by various scholars,and points out the analysis path of "motor vehicle accident liability +product liability" adopted in this article.The first chapter of the paper introduces the concept and levels of autonomous vehicles.The concept points out the particularity of the autonomous driving system and the particularity of the autonomous vehicle.These two aspects of particularity echo the “machine driving” and “human driving” described later.The levels points out that different levels of cars have different degrees of automation,echoing the latter discussion of the grading of the text.At the same time,this section also introduces the challenge of self-driving car infringement to the current tort law.Discuss the similarities and differences between self-driving car infringement and traditional car infringement from four aspects: imputation principle,product defect,causality,and liability subject.The second chapter of the paper introduces the principle of liability for infringement of autonomous vehicles.Due to changes in the degree of automation,the status of drivers also changes accordingly.This part analyzes the social effects of traffic infringement in different situations from the perspective of law and economics,weighs the interests of all parties,and points out that different levels of car infringement apply different principles of liability.The third chapter of the thesis introduces the constituent elements of self-driving car infringement.Through the analysis of motor vehicle traffic accident liability and product liability,it is pointed out that the constituent elements are different because of different driving modes,different levels,and different principles of liability.At the same time,due to the intervention of system driving,the position of manufacturers in traffic infringement has become more and more important.The coexistence of automobile hardware defects and system defects and the unclear causal relationship make product liability present special features.Based on this,this section discusses hardware defects and system defects separately,and places the burden of proof of causality on manufacturers to solve the above-mentioned special problems.The forth part introduces the problem of taking responsibility,including people,form,reason of liability exemption.And it discusses the reason and liability of programmer,producer and driver in detail.And it also discusses the liability of hacker,5G network operator,passenger.
Keywords/Search Tags:Automatic Vehicle, Liability for Motor Vehicle's Traffic, Liability for Product, Flaw of Product, Presumption of Causality
PDF Full Text Request
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