Research On Tort Liability For Damage Caused By Self-driving Cars

With the advancement of the technological age,artificial intelligence technology continues to flourish,and autonomous vehicles are gradually entering people’s lives,but they also pose challenges to the existing legal system while facilitating people’s lives.According to Article 12 of the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases”,if a motor vehicle traffic accident occurs because of a defect in the motor vehicle,product liability may apply,and the manufacturer and the seller The person bears untrue joint and several liability.Self-driving cars are motor vehicles,but the structure of self-driving cars is complex,covering high-performance complex embedded systems,algorithm programs,artificial intelligence chips,smart sensors,cloud-machine collaboration,electronic map surveying,etc.,so the current product liability legal system is facing application Difficulties,it is urgent to make legislative and judicial improvements and adjustments.This article analyzes the tort liability for damage caused by self-driving cars from the perspective of product liability,and is divided into five parts:The first part is the introduction of this article,including the topic background,research significance,and domestic and foreign research status,research methods,and innovations of the tort liability for damage caused by self-driving cars.The purpose is to analyze a series of problems brought about by the development of autonomous vehicles,explain the necessity of perfecting the relevant legislation of autonomous vehicles,and call on the relevant legislative work of our country to be carried out effectively,and actively respond to the current tort liability for damage caused by autonomous vehicles.Challenges posed by the legal system of product quality.The second part is an overview of tort liability for damage caused by self-driving cars,including the definition and classification of self-driving cars,the difference between self-driving cars and traditional motor vehicles,the legal positioning of self-driving cars,and the tort liability for damages caused by self-driving cars Define.Explains the current definition and classification of autonomous vehicles in different countries.On the basis of not recognizing that autonomous vehicles have legal subject qualifications,it analyzes the causesof traffic accidents in existing autonomous vehicles,and explores the research from the perspective of product liability The necessity of tort liability for damage caused by self-driving cars.The third part is to explain the current status of legislation on tort liability for damage caused by autonomous vehicles in my country and the problems existing in the application of product liability system for damage caused by autonomous vehicles.The main problems include that the scope of responsibility of autonomous vehicles when applying the current product liability system is too small,the design "defects" are difficult to identify,and the scope of exemptions for producers is too large.The fourth part is to explain the current situation of domestic and foreign legislation and the enlightenment to our country’s legislation.Mainly discussed the current common law countries and civil law countries on the liability for damage caused by the infringement of self-driving cars,and how these laws and regulations can be used for reference in our country’s legislation.The fifth part is based on the above questions,and put forward relevant suggestions for improvement.Mainly include: First,Clarify the responsible body for the damage caused by the infringement of the self-driving car,and divide the responsible body according to whether the driving system is defective or not.Secondly,the method of identifying "defects" in product liability has been added,and the interpretation of "will cause unreasonable danger" adopts European countries in line with "consumers’ reasonable expectations".In addition,it can also be established through the establishment of specialized technical appraisal institutions and installations."Black box" and other methods to solve the problem of difficult defect identification.Third,improve the exemptions for auto-driving car manufacturers,expand the interpretation of the term "circulation" in the producer exemptions stipulated in the Product Quality Law,and continue to retain the exemption of "development risk defense" in the producer exemptions Reasons for the matter,and a reasonable explanation for it,that is,the expanded interpretation of the "scientific and technological level" when the product is put into circulation is the top level of technology currently mastered in the autonomous vehicle industry in the autonomous vehicle industry,and cannot be limited to the autonomous vehiclemanufacturers in my country The level of technology mastered.