Liability In Tort For Autonomous Vehicles Damaging

With the development of artificial intelligence,autonomous vehicles gradually occupy road.Due to the replacement of traditional driving with autonomous vehicles,both the liabilities for traffic accident of motor vehicle based on fault liability and the product liability under the premise of product defect are difficult in application.Based on that,liability in tort caused by autonomous vehicles is researched and its corresponding system is constructed.This paper includes three Chapters in addition to the introduction and conclusion:Chapter I: "Autonomous Vehicles and Its Legal Orientation".Autonomous vehicles are divided into semi-automatic driving mode and full-automatic driving mode in general in China.Autonomous vehicles are independent,unpredictable and unexplainable.Autonomous vehicles are classified as legal object instead of legal subject mainly because they don’t conform to physiological criteria to own natural personality and also don’t comply with the organizational characteristics of legal person and illegal organization to propose artificial personality difficultly.Chapter II: "Challenge of Autonomous Vehicles to Existing Responsibility System".Firstly,the replacement of traditional driver with autonomous vehicles would cause the absence of liabilities for traffic accident of motor vehicle in the subject and the difficult application of liability for fault.Secondly,the complexity of autonomous vehicles would cause both the causal relationship and product defect in liabilities for traffic accident of motor vehicle are affirmed difficultly.Thirdly,the unpredictability of autonomous vehicles would cause the causal relationship of product liability is clarified difficultly.Chapter III: "Remodeling of Tort Liability System for Autonomous Vehicles".Firstly,current liabilities for traffic accident of motor vehicle are transformed into the danger responsibility,and the owner acts as the responsibility subject to solve the deficiency of responsibility subject.Secondly,the dilemma of product liability shall be coped with by optimizing the product liability.Firstly,the "standard of ordinary drivers" is adopted to reduce the identification standard of product defect.Secondly,the certification difficulty of causal relationship is reduced by lowering the certification standard of causal relationship and black box technology.Next,the designer acts as the product’s responsibility subject and doesn’t undertake true joint liability with producers and sellers.Finally,the damage caused by hackers in invading the automatic pilot system is attributed to the product liability of designer.With regard to the innovation,this paper discusses the existing problems and solution of autonomous vehicles at different stages by analyzing the type of autonomous vehicles and criticizes that the Chapter Liability in Tort(Draft)in Civil Code fails to respond to the damage of autonomous vehicles.In view of limited research capacity and insufficient practical experience of the author,the liability in tort caused by autonomous vehicles isn’t still analyzed thoroughly.