| In recent years,the automatic driving technology equipped with artificial intelligence has attracted worldwide attention.Developed countries have begun to carry out industrial layout,and China has also joined the competition.However,the development of the industry still needs the escort of legal system.Compared with traditional motor vehicles,the most prominent feature of autonomous vehicles is their intelligence,which brings severe challenges to the existing tort liability system,mainly manifested in a wide range of liability subjects,the difficulty of fault determination,and the complex and difficult causal relationship to explain.On the analysis of the academic circles about the legal status and automatic driving a car accidents imputation principle of tort,the liability mode after the controversy,think self-driving cars still belongs to the category of "things" in civil law,the damage caused by the traffic accident shall adopt no-fault liability to the diversity of supplemented,other responsibility imputation principle,on the choice of responsibility model,should choose the comprehensive applicable product liability and the pattern of motor vehicle traffic accident liability.Self-driving cars have intelligence,it has fundamental difference with traditional motor vehicles,so the existing product liability and motor vehicle traffic accident liability mode of specific rules cannot be directly applied to self-driving cars,shall be responsibility for these two models,the main responsibility of the ground product defects,relief,the burden of proof and so on carries on the corresponding explanation and adjusted to apply again,and then automatically drive self-driving cars conditional,highly automated driving and fully automated driving based on the three levels of classification,combined with the human pilot and autopilot system for control of the vehicle size and different situations of human intervention,The tort liability for traffic accidents of autonomous driving vehicles is allocated specifically.At the same time,supporting systems should be established to provide protection for the tort legal system of traffic accidents of autonomous driving vehicles,such as the establishment of a dual liability insurance system combining compulsory traffic insurance and producer compulsory liability insurance to disperse risks,and the mandatory installation of "black box" equipment to find out the causes of accidents. |
