Research On The Subject Of Tort Liability In Traffic Accidents Involving Autonomous Vehicle

Autonomous vehicle is an outstanding representative of modern artificial intelligence technology,which opens the fourth major revolution of the automobile industry.It will be widely used in the near future.However,opportunities and risks coexist,and the development of science and technology has two sides.On the one hand,the emergence of automatic driving technology represents a safer and more convenient way of travel,and the development of related industries will also generate more employment opportunities and relieve employment pressure.On the other hand,risks inevitably arise.Even once a traffic accident occurs,it involves more liability subjects and the damage degree is more serious.The resulting subject of tort liability,whether can continue to apply the existing legal framework,if can continue to apply,how to determine the subject of tort liability,such a series of issues need to be discussed within the framework of the existing rules.Before determining how to apply the principle of liability,it must be made clear that the working mode of the autonomous vehicle in the event of a traffic accident,according to the level of the working mode of the autonomous vehicle,the main obligations of the operation mode of the human operation mode and the operation mode of the autonomous driving system are determined respectively,and the subject of tort liability is distinguished according to the main obligations.Accidents caused by autonomous vehicles are different from ordinary vehicle accidents.Because of the large number of subjects involved,it is difficult to define the subject of tort liability.While studying the legal systems of autonomous vehicles in the United States,Germany,Japan and other countries,combined with the actual situation of China,according to the levels and different causes of accidents,the subject of tort liability can be defined by motor vehicle traffic accident liability and product liability.Countermeasures are put forward from the aspect of law and supporting measures,apply motor vehicle accident liability or product liability,introduce black box technology to clarify the subject of tort liability,and try to establish a dual insurance mechanism and social relief fund on this basis,in order to allocate tort liability,establish a strict supervision system,and reduce the probability of damage.