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Research On Tort Liability Of Driverless Vehicles In Traffic Accidents

Posted on:2022-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:S Y YinFull Text:PDF
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During the 2022 Beijing Winter Olympic Games,the application of driverless vehicles in the park makes it enter the public view again.The popularization and application of driverless vehicles has brought a good prospect of improving transportation efficiency and alleviating traffic pressure,but its many characteristics different from traditional motor vehicles have also had an impact on the current legal system,especially the principle of responsibility identification and imputation in traffic accidents has not been clarified,which has brought many difficulties in the application of law.Therefore,this paper will focus on the accident identification and potential risk prevention and control caused by driverless vehicles,focus on the protection of the legitimate rights of the parties,refine relevant system rules,strive to balance the stability and foresight of the law,and promote the continuous positive benefits of science and technology.The full text is divided into five parts,the specific contents are as follows:The first part is the introduction,which introduces the application status of driverless vehicles,leads to the important social value brought by its technological development,and analyzes the typical cases of accident infringement in recent years.In addition,by investigating the beneficial practices of solving such problems abroad,this paper demonstrates the necessity of improving the relevant technical standards and legal system for driverless vehicles in China at this stage.The second part is an overview.Aiming at the technical classification of driverless vehicle,this paper analyzes its concept and characteristics compared with traditional motor vehicles,and then discusses the application risks such as technical guarantee,privacy leakage and operation safety extended by its own characteristics.The third part is the legal dilemma faced by driverless vehicles in traffic accident infringement.It can be summarized into three main problems: first,it is difficult to identify the subject of tort liability.Second,causality is difficult to determine.Third,the existing imputation principle can not be applied.By comparing with traditional motor vehicles,this paper expounds that driverless vehicles can not adapt to the current imputation system based on fault liability because of their own characteristics of active learning and data dependence.The fourth part introduces the overseas legislative research on driverless vehicles and its reference significance to our country.By analyzing the mature practices of regulating driverless vehicles in foreign countries,this paper seeks an institutionalized path in line with China's national conditions The fifth part is about the solution of the legal dilemma in the infringement of driverless vehicle traffic accidents.First of all,it is clear to take "whether human factors participate" as the standard to determine the subject of compensation,deny the independent legal subject status of driverless vehicles,and clarify the subject of product liability.Secondly,according to the difference of driverless vehicle automation,different causality judgment criteria are matched respectively.Finally,based on the principle of making up for the losses of the infringed party to the greatest extent,establish differentiated imputation principles and applicable rules,and clearly analyze the applicable space of fault liability,product liability and high-risk liability.In addition,in order to further protect the rights and interests of victims and reduce the responsibility of driverless car producers,we should improve the existing motor vehicle compulsory insurance system and establish corresponding social compensation funds to provide a strong legal guarantee for the vigorous development of driverless technology.
Keywords/Search Tags:Driverless cars, motor vehicle accidents, tort liability, product liability
PDF Full Text Request
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