Research On Tort Liability Of Driverless Car Traffic Accidents

With the rapid development of artificial intelligence,driverless vehicles have gradually come into the public view,causing widespread concern.It means that the vehicle can be driven in accordance with the laws and regulations of the world and can be realized by the intelligent driving system without sensors in the current environment.Based on the high degree of autonomy of driverless vehicles,scholars have different opinions on whether they can have legal personality.Most of them hold that the essence of driverless vehicles is a tool of human beings and should be included in the category of objects.As for the positioning of the tort liability of driverless vehicle traffic accident in the tort liability system,the employer's alternative liability,animal tort liability,elevator tort liability and motor vehicle traffic accident liability are not feasible in the tort liability of driverless vehicle traffic accident,while the product attribute and high degree of autonomy of driverless vehicle leave application for product liability and high risk liability There is room for.At the same time,the automobile manufacturer should bear the liability for the accident infringement,which is in line with the principle of risk and interest,and also in the psychological expectation of the public.However,it is also necessary to take into account the interests of victims and social public interests,give automobile producers exemption under certain circumstances,and promote the orderly development of driverless automobile industry.Taking the United States,Germany and the United Kingdom as examples,this paper explores the legislative status quo of traffic accident infringement of driverless vehicles in foreign countries,and concludes that we can learn from the experience of establishing strict access standards,establishing special regulatory agencies and applying "black box" devices,so as to provide legal protection for the construction of the tort liability system of driverless vehicles in China.Finally,it puts forward some suggestions to improve the current legal system of tort liability of traffic accidents in China.It includes adding tort liability rules for driverless vehicles in the tort liability law,improving the provisions on traffic accident liability in the road traffic safety law,adding the identification of "product defects"and exemption causes of driverless vehicles in the product quality law,increasing the insured subject of compulsory liability insurance and increasing the insurance compensation limit in the traffic compulsory insurance regulations The supporting legal system of driverless vehicles includes compulsory liability insurance system and social compensation fund system.