Research On The Liability Of Autonomous Driving Vehicles

Autopilot is the most representative invention in the era of artificial intelligence,but it also brings challenges to the existing legal system while it is convenient for life.On the one hand,the system controls the overall operation of the vehicle and becomes a "driver".However,it is not yet clear whether the automatic driving vehicle has a legal body,which brings certain difficulties to the bearing of the liability for damage.On the other hand,in the attribution of liability for the damage caused by the driving of an autopilot,there are some problems such as the unclear scope of the main body and the difficulty in determining causality.In order to better clarify the liability of the damage caused by an autopilot vehicle,we should divide the state of the self driving vehicle according to different situations,and combine the components of the infringement liability to clarify the responsibility of the liability for the damage caused by the self driving vehicle.For L3 level vehicles,it is necessary to expand the scope of determining the responsibility subject and include the system developers in the scope of the subject.In the determination of liability types,this paper advocates returning to the model of product liability and motor vehicle traffic accident liability.For traffic accidents caused by the driver's fault,the driver shall bear the liability for motor vehicle traffic accidents according to the principle of fault liability.When applying traffic accident liability,the application of the principle of imputation should be determined according to the situation of both parties to the accident.The proof of causality can be recorded by installing a "black box" on an autopilot car to record vehicle operation data and driver's operation so as to make evidence in accident investigation.If the accident is caused by system loopholes or product defects,the producer shall bear the product liability according to the principle of strict liability.For the identification of product defects,we can adopt the standards reasonably expected by consumers.As for the determination of causality and the burden of proof,the equivalent causality theory can be adopted.At the same time,the principle of inversion of proof can be implemented,and the producer can prove that the damage is not caused by product defects.For L4 class and other vehicles,the system has fully controlled the operation of the vehicle at this time.Therefore,it is more appropriate for the manufacturer to bear the product responsibility.At the same time,producers are allowed to apply the defense of development risk,but they should take the most advanced technology in the world as a reference,and impose strict restrictions on its application.