Research On The Imputation Principles Of Autonomous Vehicle Infringement

5G communication technology means the information age is coming,human civilization has reached a new height,and autonomous vehicles have become the main focus of attention in the world.As a product of artificial intelligence,autonomous vehicles will inevitably subvert human life and bring unimaginable convenience to human society,but it also contains many hidden dangers and brings challenges to tort law.Autonomous vehicles are divided into L0-L5 according to their degree of automation.The higher the level,the less the intervention of human drivers is needed.The high degree of autonomy and self-judgment ability of automated driving vehicles eliminates the need for humans to participate in driving,which means that the laws related to the infringement of traditional motor vehicle traffic accidents are obviously no longer suitable for autonomous vehicles.Traditional motor vehicle traffic accident infringement is established based on the fault of human drivers,and the continuous development of autonomous vehicles has brought challenges to it.The infringement of autonomous vehicles is inseparable from the principle of liability.The principle of liability has always occupied an important position in the theoretical field of tort law in our country.Chinese scholars believe that the principle of liability in the tort liability law is the core part of the tort law.It is not only the basis of its infringement laws and regulations,but also a guide to the construction of infringement legal systems.Since the development of autonomous vehicles gradually does not require human participation,it is urgent to determine the principles of attribution based on the characteristics of autonomous vehicles.In the study of the principle of liability for autonomous vehicles,we should not only focus on the present but also look forward to the future.At present,most autonomous vehicles require human participation.Human beings are constantly liberating from the driver’s identities.Therefore,autonomous vehicles can be divided into non-autonomous stage cars and autonomous stage cars(also called cars without drivers)to discuss separately.For cars in the non-autonomous driving stage,it is indispensable for human to take over.In this stage,autonomous vehicles and traditional motor vehicles are mixed on the road.If an accident occurs,the current road traffic law should be based on the current road traffic law to connect with the law related to autonomous vehicles.It can better solve the problem of unmanned vehicles,which means that the principle of attribution of infringement of autonomous vehicles at this stage still revolves around the principle of attribution stipulated in the Road Traffic Law.For autonomous vehicles in the autonomous stage,more attention is paid to the peculiarities of autonomous vehicles infringement.Since humans no longer need to participate in driving,the legal status of autonomous vehicles is worthy of discussion.No matter whether to affirm the legal status of autonomous vehicles or treat them as special "things",it is necessary to start from the high degree of autonomy and independent thinking and learning ability of autonomous vehicles.Defining autonomous vehicles,we can think about the principle of attribution of autonomous vehicles,the subject of liability and the issue of subsequent compensation from the product liability and high-risk liability in the current law.Regarding autonomous vehicles as agents with limited capacity for civil rights or giving them electronic legal personality,analogy to the legal person system can solve the problem of the legal status of autonomous vehicles and seek more efficient solutions.Of course,regardless of the principle of liability for autonomous vehicles infringement,a special autonomous vehicles insurance system and national fund should be established to quickly relieve the victims and not discourage the enthusiasm of producers.