Research On The Liability Subject Of Tort Of Unmanned Vehicle

As a major trend in the future development of the automotive industry,unmanned cars have not only won policy support at the national level,but also attracted a large number of technology companies to get involved in the production and research and development of unmanned cars.While unmanned vehicles bring convenience to people’s travel,they can also reduce the incidence of traffic accidents and make people’s future travel safer.However,as a more intelligent means of transportation,Unmanned cars will inevitably cause traffic accidents.Due to their high degree of autonomy and the ability to independently control the operation of vehicles,it is already very different from the operation of traditional motor vehicles.Different,the issue of tort liability has become a difficult problem in the development of unmanned vehicles.Simple analogy and application of the traditional motor vehicle liability system will make it difficult for the identification and distribution of liability to be fair and reasonable.Traditional motor vehicles are driven by humans.The object of the regulation of the liability system is also manned,and the biggest feature of unmanned cars is that the operation of the car does not require human control,so it is necessary to study the tort liability of unmanned cars.Among them,the difficulty of identifying the subject of infringement liability is the most important legal issue in the current unmanned car tort liability issue.This article is mainly divided into three parts to discuss the subject of infringement liability of unmanned cars.The first part starts with two typical cases,analyzes the legal problems in the cases,and draws the problems that it is difficult to identify the infringement liability of the unmanned car,the unreasonable distribution of responsibility and the unclear causality.In the second part,by analyzing the feasibility of the responsible entities of unmanned vehicles,it is concluded that unmanned vehicles themselves cannot be the subject of independent responsibility.Producers and developers should bear product responsibility,and the holder should bear the responsibility of not fulfilling the obligation of safe takeover.Liability for fault.In the third part,based on the feasibility analysis of the responsible entities in the second part,it proposes the construction of China’s unmanned vehicle responsibility subject system.Firstly,it establishes the value tendency of relieving victims and promoting technological development,and secondly,it establishes the production of unmanned vehicles.Employers and developers apply strict liability to bear product liability and self-driving car’s guarantor applies fault liability to bear the responsibility system for failing to perform the obligation of safe takeover.Finally,based on the principle of risk diversification,a dual insurance system is introduced to reduce the burden and promotion of relevant responsible parties The rapid development of unmanned cars.