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Research On Tort Liability Of Autonomous Vehicles

Posted on:2022-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:L J HanFull Text:PDF
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The development of the self-driving motor vehicle industry is a general trend,and the problem of liability for tort caused by self-driving motor vehicles is becoming more and more prominent.Uncertain legal attributes of self-driving motor vehicles,difficulty in identifying the responsible party,and unsuitable types of liability have caused the dilemma of infringement liability for self-driving vehicles.Taking the self-driving motor vehicle tort liability as the research object,focusing on the tort law challenge of self-driving motor vehicles,the distribution of tort liability,the regulation of the tort liability of self-driving motor vehicles in my country's Civil Code,and the improvement of the self-driving motor vehicle tort liability system Questions are discussed.Analyzed from the perspective of constitutional elements,the substantive,disposable,and valued nature of self-driving motor vehicles makes it conform to the legal positioning of the object of civil rights.Combining the characteristics of self-driving motor vehicles,determine the phased infringement liability subject.Developers bear ethical responsibilities in the R&D stage based on ethical concepts and social values,producers bear product responsibilities in the production stage based on the concept of risk control,regulators bear regulatory responsibilities in the regulatory stage due to regulatory requirements,and users bear due to the requirements of fulfilling their obligations.Responsibility for proper use.And apply multiple principles of imputation to the responsible subject,use fault liability to standardize illegal behavior,no fault liability to distribute damage,and the principle of fairness to realize the moralization of the law.The "Civil Code" of our country has "leave blank" on the tort liability of self-driving motor vehicles.Therefore,in order to solve the tort liability problem of self-driving motor vehicles,we can draw on the experience of outside the territory to establish a special chapter to stipulate "self-driving motor vehicle tort liability" when formulating the artificial intelligence law,clarify the distribution of liability from the legislative level,and allocate risk and loss reasonably.
Keywords/Search Tags:Self driving motor vehicle, civil code, tort liability, liability subject, multiple imputation principle
PDF Full Text Request
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