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Research On Tort Liability Of Driverless Cars

Posted on:2022-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ZhouFull Text:PDF
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With the continuous breakthrough of artificial intelligence,wireless sensing and other core technologies,the era of unmanned driving is coming quietly.Compared with traditional motor vehicles,one of the biggest advantages of driverless cars is that they have better safety and can avoid traffic accidents to the maximum extent.However,in reality,accidents caused by driverless cars have repeatedly occurred,so how to allocate the liability of their tort is still in a dilemma at the legal level.On the one hand,the advent of driverless era makes driving behavior in the traditional sense disappear,and the current tort liability rules for motor vehicle traffic accidents which focus on human driving behavior and its fault almost have no room for application.On the other hand,with the help of artificial intelligence technology,driverless vehicles are highly intelligent,which is different from traditional products,and the application of current product liability rules also presents difficulties.In this context,this paper explores the problem of tort liability caused by driverless vehicles.Firstly,the legal status of driverless vehicles is analyzed to distinguish whether driverless vehicles are legal subjects or legal objects.The legal status directly determines the selection and application of tort liability rules.In through argumentation driverless cars legal object properties,driverless cars tort liability can be divided into with the responsibility and the responsibility of the supplier,with the responsibility that driverless cars users,owners and managers of responsibility,when traffic accident driverless cars,they should take on what kind of responsibility.The liability of the supplier refers to the liability of the manufacturer and seller of driverless vehicles.In other words,what kind of liability should they bear when driverless vehicles cause tort accidents? Finally,the tort liability rules of the supplier and user of driverless vehicles are improved.The improvement of the supplier liability rules is based on the current product liability system,which is mainly discussed from three aspects: the identification standard of product defects,the subject of responsibility and the identification of causality.The way to improve the user's liability rules is to introduce the vehicle insurant liability into the existing vehicle traffic accident liability system,and focus on the liability principle,liability subject,constituent elements and how to coordinate and apply the vehicle insurant liability with product liability.
Keywords/Search Tags:Self-driving car, Legal status, Product liability, Liability of motor vehicle owner, The principle of imputation
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