Analyze The Duty Of Care Of Traffic Accident Crime From The Perspective Of Automatic Driving

The subjects who have the duty of care in the negligent crime of automatic driving shall include manufacturers,programmers,service providers,auxiliary operators and users.Whether from its own characteristics or from the public psychological identity,the automatic driving system can not be a responsible subject.As for the nature of the duty of care,there exists an opposition between the duty of avoidance of results and the duty of foreseeing results in the academia.Sources of duty of care should include general traffic and transportation management regulations,special traffic regulations on self-driving cars,and technical requirements and specifications of relevant responsible subjects behind self-driving cars.In addition,there are some potential influencing factors that may serve as the basis for sources of duty of care.In the field of automatic driving crime,violation of a duty of care should follow the standards of behavior person foresee possibility to judge and correlation standard,among them,should foresee possibility standard of judgment in the actor said that contrary to some standard choose average person standard of said position correlation standard of judgment,or obligation in alternative behavior way of thinking.At the same time,in the field of autonomous driving,there are many concurrences of duty of care involving complex subjects,which requires a clear understanding of supervision negligence.Of course,when setting up the duty of care,we must consider the situation that should be exempted from the duty of care,which involves the application analysis of the principle of dangerous jurisprudence and the principle of trust.