Research On The Legal System Of Compulsory Liability Insurance For Traffic Accidents Of Autonomous Vehicle

Since the third information technology revolution,the public can see the shadow of artificial intelligence in more and more products of the industrial revolution.When artificial intelligence technology was grafted into the transportation industry,autonomous vehicle came out.With the further development of information technology,an era of autonomous vehicle is slowly coming in the transportation field.At the beginning of the design of autonomous vehicle,it was not only to liberate human beings from the process of operating cars,but also to avoid the occurrence of traffic accidents.However,it has been proved that autonomous vehicle can not completely avoid the injury caused by traffic accidents.From the crash of Tesla’s 2015 Model S car to the uber crash in 2018,which was accused of negligent homicide of safety officers,to the domestic Gaoyanning automatic driving case,These cases not only exacerbate the public’s distrust of autonomous driving technology,but also promote the continuous maturity of autonomous driving technology under pressure.No product can be perfect.The technology of autonomous vehicle has not reached the height of avoiding traffic accidents completely,but the fact that it has been put into use as a commercial product already exists.Therefore,it is worth noting that the problem of relief often arises after the traffic accidents caused by autonomous driving technology.Can the existing liability insurance for motor vehicle traffic accidents be fully applicable to autonomous vehicle?Compared with traditional motor vehicles,autonomous vehicle have the characteristics of safety,autonomy and complexity,making the driving subject change from driver to driver+auto drive system.With the improvement of intelligent level,the driving function will continue to shift to the auto drive system,making the difference between the two more significant.In the field of insurance law,with the further development of technology,the existing compulsory liability insurance for motor vehicle traffic accidents will not be suitable for autonomous vehicle,and needs to be adjusted in terms of insurance subject,compensation scope,sub limit,and liability division of the insured.In the long run,traditional motor vehicles and autonomous vehicle will show greater and greater differences in the above aspects.It is necessary to separately insure the two to form compulsory insurance for autonomous vehicle’liability for traffic accidents.Therefore,under the existing motor vehicle insurance system,how to make an appropriate adjustment of the insurance law according to the characteristics of autonomous vehicle,not only to promote the development of autonomous vehicle,to achieve curve overtaking in China’s automobile industry,but also to provide basic protection for victims,while maximizing the efficiency of relief for victims,this article will be carried out from four aspects.The first part is the definition of autonomous vehicle and its access.In the definition of autonomous vehicle,it summarizes the differences in the terms of autonomous vehicle in different papers,combs out the differences between autonomous vehicle and intelligent connected vehicle,and determines that the research object of this paper is autonomous vehicle insurance.At the same time,it combs the academic circles’ opinions on the strengths and weaknesses of the era of automatic driving,and points out that autonomous vehicle should be placed in the perspective of the era of weak artificial intelligence,and should not be given the status of legal subject prematurely,but still be regarded as legal objects.In order to further distinguish autonomous vehicle from traditional motor vehicles and define the unique attributes of autonomous vehicle,this part demonstrates that autonomous vehicle have safety,autonomy and complexity,and are essentially different from traditional motor vehicles.These essential differences determine the necessity of building autonomous vehicle insurance on the basis of compulsory motor vehicle traffic liability insurance.The second part is the impact of autonomous vehicle on compulsory motor vehicle traffic liability insurance.This part introduces the origin of autonomous vehicle insurance,two reforms and the legal theory and interest game behind it.After having a macro understanding of motor vehicle insurance,it also clarifies the motor vehicle insurance system built on the basis of compulsory traffic insurance in China.Subsequently,it carefully analyzes the operating principles of China’s current compulsory motor vehicle traffic insurance from the four aspects of insurance conclusion,payment,supervision,and supplementation,and examines the legislative model of China’s traffic compulsory liability insurance.From the single insurance subject,the scope of "third party" is difficult to determine,and the itemized limit cannot be fully remedied It is difficult to clarify the insured’s liability from four aspects.It combs the specific impact of autonomous vehicle on the compulsory motor vehicle traffic liability insurance.The third part is the foreign reference of autonomous vehicle.As an emerging product,autonomous vehicle lack substantive response to the arrival of autonomous vehicle in the legislation at the central level,and only local legislation makes sporadic attempts.While foreign countries have begun to explore the insurance legislation of L3 vehicles,this part combs the insurance models and provisions of autonomous vehicle in Britain,Germany and the United States,and summarizes the insurance models and specific rules of national legislation.The fourth part discusses the construction of compulsory liability insurance for autonomous vehicle in China.On the basis of summarizing domestic and foreign scholars and autonomous vehicle insurance legislation in various countries,this part believes that the basic principles of compulsory liability insurance for autonomous vehicle should be the construction according to law,the protection of the rights and interests of victims,and the diversification of risks.It responds to the insurance subject,the scope of the third party,sub limits,and the liability of the insured.At the same time,in terms of system supply,it proposes to improve the legal norm system of autonomous vehicle,and increase policy support for autonomous vehicle in terms of policy support.