Research On Civil Liability Of Autonomous Vehicle Traffic Accidents

Big data,the Internet of Things,and intelligent algorithms related to artificial intelligence applications have made many breakthroughs in recent years.Autonomous vehicles,as the frontier of artificial intelligence applications,have also moved from the research stage to the road test stage.Self-driving cars in sci-fi movies are heading towards our real world.The attendant benefits of the transformation and upgrading of the automobile manufacturing industry,the improvement of road traffic safety,and the reduction of environmental pollution emissions have attracted widespread attention.Therefore,countries around the world have issued policies to support the research and development of autonomous vehicles,and strive to promote their domestic autonomous vehicle manufacturing companies to take the lead during the development of autonomous vehicles.However,in the development period of autonomous vehicles,there have been several traffic accidents around the world and caused damage to people.In these special traffic accident cases,difficulties such as the current legal provisions cannot be applied and the subject of civil liability are difficult to determine.How to remedy the damage of the infringed person due to the traffic accident of the self-driving car needs to be solved urgently.This paper proposes that based on the protection of the infringed person,the self-driving car manufacturer and the guarantor or user bear joint and several liability based on the common dangerous behavior.Liability perspective,and amending the corresponding content in the current Road Traffic Safety Law,Product Quality Law and liability insurance system,supplemented by the mandatory installation of "black boxes" and social assistance funds,with a view to fully filling the infringer’s damage,Achieving a balance between preventing the occurrence of infringement and promoting industrial development The main content of this article is divided into the following four parts:The first part: On the basis of clarifying the basic concepts and characteristics of autonomous vehicles,unmanned vehicles,and intelligent connected cars,the research scope of this article is to determine the civil liability of traffic accidents for highly autonomous vehicles.It also analyzes in detail the challenges that the application of autonomous driving technology will bring to China’s current rules of civil legal liability.The second part analyzes the advantages and disadvantages of the viewpoints of the responsible parties of autonomous vehicle traffic accidents in the existing research.Regarding the subject of liability,there are currently viewpoints of guaranteeing the liability of the user or user,the manufacturer’s responsibility for the product,the status of the legal subject given to the self-driving car,and the self-driving car’s responsibility.By analyzing the advantages and disadvantages of the above points of view,we can pave the way for determining the responsible subjects in the fourth part of this article.The third part: analyze from the perspective of comparative law,sort out the current status of legislation in Germany,the United Kingdom,the United States,and Japan in response to problems in the application of autonomous driving technology,focus on the analysis of the content of the civil liability part,and combine the actual situation in China Summarize the lessons that can be drawn from the construction of liability rules in autonomous vehicle traffic accidents in China.Part IV: Based on the analysis of the above three parts,it is proposed that when constructing civil liability rules for self-driving car traffic accidents in China,we should first clearly identify the subject of tort liability,and then improve the current law,formulate supporting measures,and demonstrate the options The reasons for the responsible subject,the interpretation of the current legal system,and the detailed provisions for the modification plan and supporting measures.