Research On Tort Liability For Autonomous Vehicles

Autonomous driving,also known as unmanned driving and intelligent driving,is a cutting-edge technology that relies on artificial intelligence and communication technology to complete complete,safe and effective driving without human manipulation.In recent years,the development of the autonomous driving industry is in full swing,and large-scale commercial applications are in sight.However,just as the emergence of the Internet had a huge impact on the legal system,the emergence and development of autonomous driving technology also posed multiple challenges to the current legal system.Because of the high intelligence and autonomy of autonomous vehicles,it is difficult to determine the subject of liability in infringement accidents,and it is impossible to apply the current imputation path of tort liability.These problems seriously restrict the healthy development of the autonomous driving industry.In order to solve the above problems,this paper has carried out extensive search and collation of self-driving car infringement cases and related theories.On this basis,case analysis method,comparative analysis method and other research methods are used to define the legal status of self-driving cars.How to define the infringement of self-driving cars and how to attribute the infringement of self-driving cars are studied in order to solve the problem of tort liability of self-driving cars and find a reasonable path for the attribution of tort liability of self-driving cars.Through the analysis of different theories of infringement of self-driving cars,and the comparative study of the legal regulation of self-driving cars in various countries,this paper draws the following conclusions : First,on the legal status of self-driving cars,self-driving cars are still lacking.The legal basis and technical basis for becoming a legal subject are more suitable for resolving tort liability disputes.Secondly,as for the liability of users and owners of self-driving cars,the current liability for traffic accidents cannot be adapted,the subject of infringement cannot be determined,and it is difficult to judge the fault,which leads to the inapplicability of the imputation path based on the principle of fault.It is suggested to create the concept of owner of self-driving cars,establish a no-fault liability imputation mechanism around the owner of the car,and let the owner replace the original driver as the subject of liability.Thirdly,with regard to the liability of producers and sellers of self-driving cars,the current product liability can not solve the infringement problem caused by the highly intelligent product of self-driving cars,which is mainly manifested in the fuzzy standard of product defect identification,and the lack of data information of self-driving cars mastered by car users makes it difficult to find the causal relationship between product defects and infringement results.It is suggested to refine the standard of product defect identification,weaken the burden of proof of causality,reduce the burden of litigation of victims,and reverse the development of safety technology by producers with product liability.