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Traffic Accident Liability Determination Based On Ai Autonomous Driving

Posted on:2022-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhouFull Text:PDF
GTID:2506306521479444Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the rapid development of science and technology,high technology has repeatedly changed every bit of human social life.Under the combined effect of the Internet and big data,AI technology has also begun to be widely used in social life.Although the current artificial intelligence technology is still weak artificial intelligence,its changes to all aspects of social life can also be huge.Among them,AI intelligent driving is one of the technologies that society is greatly expected.AI autonomous driving is the inevitable direction of the future development of road traffic.This technology will fundamentally change the existing road traffic mode,while also effectively reducing road traffic accident rates,enhancing crowd mobility,alleviating road traffic congestion,and saving social costs,Has great social value.But on the other hand,AI autonomous driving is not absolutely safe,especially when it is still in the stage of development and testing.The incompleteness of relevant laws and regulations will make it difficult to identify and assign traffic responsibilities caused by AI autonomous driving in practice.our country’s AI autopilot responsibility recognition legislation should draw on the advanced experience of countries outside the territory,and discuss the responsibility recognition,responsibility distribution,supporting systems,and supervision systems in combination with various responsibility recognition doctrines,and based on our country’s existing The legal system is improved,the relevant regulations are improved,and the rights and obligations of manufacturers,related companies,owners,users,and victims are reasonably determined and allocated,so that traffic accidents caused by AI autopilot can be reasonably identified.This article combs,analyzes and discusses the relevant legislation and academic research on AI autonomous driving at home and abroad,and puts forward perfect suggestions and innovative discussions on our country’s AI autonomous driving responsibility recognition methods and legislation.In the introduction part,this article introduces the research methods of this article,which are mainly literature research method,comparative analysis method and case analysis method.The main discussion method is the introduction part to summarize the meaning of the research topic,the research method of this article,and the thought and structure of the thesis.The main text firstly confirms the concept of AI autonomous driving,and outlines the current status of AI autonomous driving traffic responsibilities.Secondly,it elaborates and analyzes related legislation and regulations on AI autonomous driving traffic responsibilities outside the territory,and explores Its enlightenment to the establishment of China’s system,once again conducted an in-depth analysis of how to recognize AI autonomous driving,discussed it in combination with China’s existing legal system,and finally analyzed how China’s law responds to the challenges brought by AI autonomous driving.And look forward to the establishment of the future system;the conclusion part will summarize the discussion of the text.In the first part of this article,the concept of AI autonomous driving and automation classification are sorted out and analyzed based on relevant domestic and foreign legislation and related theories.Unmanned driving refers to a motor vehicle that relies on artificial intelligence technologies such as sensors and global positioning systems to realize self-driving vehicles without manual operation and intervention.According to the SAE international classification standard,this article divides the AI autopilot technology into six levels and discusses them one by one.It is concluded that under the situation of different levels of automation,the main driving force is different,and the traffic responsibility should also be based on The conclusion that the corresponding dominant subject has changed confirms that the existing AI self-driving cars are mainly for the registration of L3-L4,and at the same time lays the foundation for the following related discussions.The second part of this article mainly analyzes the legislation of AI autonomous driving traffic responsibilities in foreign countries.It studies the legislation of the United States,the United Kingdom,Germany and the European Union for AI autonomous driving.The common points in driving legislation and what can be used for reference will provide reference for our country’s future related legislation.The third part of this article analyzes the identification of AI autopilot traffic responsibility.First,analyze the identification of the responsible subject and discuss that the AI cannot bear the responsibility of the individual responsible subject;then use the existing legal system to identify the liability for motor vehicle accidents,product liability,animal tort liability,and employer’s substitute liability.Analyze the application of AI autonomous driving traffic responsibility,and combine the theory of single subject and joint responsibility subject to comprehensively identify the traffic responsibility of AI autonomous driving,that is,the person responsible needs to be held accountable based on the actual accidents.It is not possible to assign responsibility to one party.Among them,the main responsibility should be the manufacturer,who is responsible for tort compensation for its product defects,but at the same time,the user undertakes the corresponding responsibility according to the scope and degree of his fault,and the liability insurance system can also be corresponding Reduce the burden of responsibility of the manufacturer.At the same time,regulators also need to bear corresponding regulatory responsibilities.The fourth part of this article is to discuss the response of our country’s laws to the identification of AI autopilot traffic responsibility.First,confirm the construction principles of the responsibility determination rules,and believe that the construction principles at this stage should pay equal attention to the relief of victims and the encouragement of technological development.The responsibility determination rules first incorporate the responsibility determination of AI autonomous driving into the existing legal system,but since the relevant rules of AI automatic driving are included in the current regulations,different regulations will be scattered among various regulations.,It will not only appear chaotic,it will also lead to the occurrence of conflicts in different regulations,or omission of certain regulations.Therefore,it will be a general trend to generalize them into chapters or even independent legislation.Finally,this article concludes that the legislation for AI automatic driving is to scientifically regulate AI automatic driving,and reasonably determine the rights and obligations of manufacturers,related enterprises,owners,users,and victims.And distribution.Regarding the practice of AI autonomous driving,our country’s relevant high-tech companies have already started R&D and experimentation,and the legislation on responsibility identification should follow suit to jointly promote the rapid and reasonable development and popularization of AI autonomous driving.It also provides a valuable reference for how the law responds to the integration of AI technology into all aspects of social life.
Keywords/Search Tags:AI, autonomous driving, tort liability for traffic accidents, product liability, liability insurance system
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