Research On Tort Liability Of Auto Driving Vehicle Accident

Self driving cars bring convenience,but also bring challenges to the law.As an artificial intelligence product,autopilot has brought benefits to life,travel and environment.However,the auto driving accidents in recent years have also given us a wake-up call.The legal status of autopilot,the subject of tort liability,the principle of imputation,and the way of victim's right salvage are all urgently needed to be discussed.This paper is divided into five parts.The first part is an overview of the tort liability of autopilot car accidents.This part mainly introduces the concept,technical classification and characteristics of autopilot,as well as the particularity of tort liability caused by traffic accidents caused by autopilot,so as to provide a clearer understanding of the legal problems that may arise from the liability of auto driving traffic accidents.The second part is the application of the existing liability system to the infringement of autopilot.This part mainly expounds the limitation of the existing traffic accident responsibility system and product liability system in dealing with the tort liability of auto driving vehicle accidents.Compared with the traffic accidents happened in traditional automobiles,the subjects of tort liability of auto driving vehicle accidents are relatively difficult to determine and the fault liability is difficult to judge,so they can not simply apply the traditional traffic accident responsibility system.As a strong artificial intelligence product,the design complexity of automatic driving vehicle and its "algorithm black box" and other factors will objectively produce problems such as product defect is difficult to identify,causality of tort accident is difficult to prove,the exemption clause is difficult to apply,and victims are hard to claim,so the application of product liability system will also have some difficulties.The third part is the different viewpoints and analysis of the legal status of autopilot.At present,there are many views on the legal status of autopilot in the academic circles.The author generalize it into "affirmative","negative" and "eclectic",and draw a conclusion: according to the design positioning and characteristics of autopilot,it is more like the products provided by car manufacturers to the public for travel service.It should be regarded as the object of civil legal relationship.The fourth part is the legislative reference of foreign auto driving vehicle traffic accident tort liability.Some countries in foreign countries have made legislative practice on tort liability caused by traffic accidents caused by autopilot,which has certain reference value.The author expounds and evaluates the relevant legislation of Germany,Japan,Britain and the United States,and believes that some legislative cases of various countries have certain reference value for China.The fifth part is the construction of tort liability system for autopilot.This part mainly puts forward some suggestions from the aspects of the main body,the principle of liability fixation and the related supporting system of the tort liability of auto driving vehicle accidents.Automobile producers,automobile dealers and automobile drivers are the main body of the liability of the auto driving automobile traffic accident tort liability.The principle of imputation is mainly composed of no fault liability and fault liability.It is suggested that a strict supervision system of responsible subjects be implemented to prevent traffic accidents of autopilot from the source.Introduce the "black box" technology,establish a third-party data analysis center,which is responsible for the unified custody of the data of the black box,and stipulate the storage time limit of the data information in legislation,so as to find out the cause of the accident,find out the subject of the accident responsibility,and facilitate the proof process of the victim;Special insurance system and special rescue fund for automatic driving vehicles should be established to fully and timely relieve victims' rights.