Research On The Responsibility Of Autonomous Vehicle Traffic Accidents

In recent years,with the continuous progress of artificial intelligence technology,autonomous vehicles have developed rapidly as well,and the market scale has been expanding day by day.As far as traditional cars are concerned,self-driving cars are much safer.But they still have the real possibility of causing human injury and property damages.Self-driving cars have autonomy,self-learning capabilities and other characteristics that are completely different from traditional cars.If the traditional vehicle traffic accident liability system is still adopted directly,there will be many problems.Our country currently does not clearly stipulate the liability for damage caused by autonomous vehicles,and there are also disputes in the academic circle.Therefore,it is necessary to determine the responsibility of autonomous driving vehicles.This article has four parts.The first part defines the concept of self-driving cars.It is believed that the self-driving cars claimed by many manufacturers are actually only driving assistance cars.Such cars are not truly self-driving cars.In this regard,the scope of this article is clarified.That is,a car that can drive on its own without the need for a human driver to control it.After that,this article analyzes the legal status of autonomous vehicles.Autonomous vehicles have the characteristics of self-learning and selfdecision-making.One point of view is that they should be granted legal subject qualifications.In this paper,it is believed that granting the legal subject qualification to the autonomous driving vehicle in the current and foreseeable time is not only inconsistent with the legal principle,but also not very helpful to the actual solution of the liability for the damage caused by the autonomous driving vehicle.Therefore,it should still be the legal object.The second part mainly introduces and evaluates the various viewpoints of the current academic circles on the path of responsibility for the damage caused by driving a car.It is also considered that the liability identification system of traffic accident liability and product liability should be applied to autonomous driving vehicles and the owner of the car should be responsible for the traffic accident.The third part discusses the specific application of product liability in handling the infringement of autonomous vehicles.1.Responsible body.This article believes that the producers,providers,and providers of autonomous driving software should all be responsible for the product.From the perspective of protecting the rights and interests of victims,auto sellers should still bear product liability.2.Regarding the identification of defects,autonomous vehicles and traditional vehicles are unique in their autonomous driving algorithms.This article believes that our country’s current defect standards have two types.In the identification of defects in autonomous vehicles,national standards and industry standards still have value.This mandatory standard should be used as the basic standard for identifying defects,and it is unreasonable and dangerous to software.It is mainly a design defect,which can be determined by the reasonable expectation standard of consumers and the principle of product failure.3.The principle of imputation.It is needless to say that the producer needs to bear the no-fault liability,and the liability principle of the seller has some controversies.This article believes that sellers should bear no-fault liability,which not only in line with the newly enacted Civil Code,but also with the requirements of legal theory.4.The burden of proof.This article believes that the responsibility for proving the defect and causality should still be borne by the victim.Inversion of responsibility is unnecessary and will increase the burden on the producer,which is not conducive to the development of the self-driving car industry.5.Application of Exemption Reasons.This paper holds that the fact that the defect does not exist when it is put into circulation should be interpreted as that the defect is caused by the user afterwards.To the development risk defense,then cannot advocate.The fourth part discusses the responsibility of auto-driving car traffic accidents.Firstly,it defines the scope of the holder,which is the owner and user of the car who enjoy the operational benefits and disposable operation.Secondly,the guarantor’s liability type is defined as no-fault liability.Finally,when the last two types of responsibilities converge,the guarantor and the product producer and seller shall bear unreal joint and several liability,and the ultimate liability bearer shall be identified in accordance with the corresponding rules.