Research On Tort Liability Of Driverless Cars

The advent of the era of driverless cars,on the one hand,provides convenience for human travel,but on the other hand,there are many problems that the operation of driverless cars cannot guarantee safety.In practice,reports of infringement accidents of driverless cars have been common.Driverless cars has "no human nature","operation and decision-making autonomy" and "network and data dependency",and based on these characteristics,there will also be some special characteristics in the determination of infringement mainly in tort liability subject,it is mainly manifested in the subject of tort liability,tort behavior,tort imputation principle and causality of tort.At the same time,the advent of driverless cars,the current motor vehicle accident liability and product liability related rules caused a certain dilemma.On the one hand,the behavior of manual driving is gradually replaced,and the role of human driving is gradually replaced.The identification of liability for infringement of driverless vehicles through the relevant rules of motor vehicle accident liability is faced with difficulties in application,including the difficulty of identification of the subject of liability and the difficulty of application of the imputation principle two aspects.On the other hand,driverless cars are the combination of artificial intelligence and traditional motor vehicles,which makes the driverless cars have a high level of intelligence and self-learning ability,making them different from traditional products,thus posing a challenge to the current rules related to product liability,including the difficulty to identify product defects,difficulty to identify causality and controversial to apply development risk defense.Outside inspection of the tort liability of driverless cars have been relatively mature,including the definition the subject of tort liability and the protection regulation of driverless cars in the operation,China can based on national conditions,for the principle of relief for the victims and encourage technology innovation,aiming at the problems existing in the tort liability rules of driverless cars in China,and drawing on the more mature legislative experience outside China,then determine the infringement involves multiple accident responsibility main body,applicable to different subject according to the specific situation of tort liability imputation principles of differentiation,strengthen the apply of causality presumption rules,adopting the rule of reversing the burden of proof,clarify the status of development risk defense in the tort liability of driverless cars.At the same time,it provides social relief for relevant subjects by taking out compulsory liability insurance and setting up a special fund for compensation for infringement of driverless cars,so as to fully protect the legitimate rights and interests of all parties concerned.The paper is divided into six chapters.Chapter one is introduction;Chapter two describes the particularity of the identification of infringement of driverless cars.Chapter three and Chapter four analyze the challenges of driverless cars to the rules of liability for motor vehicle accidents and product liability.Chapter five investigates the infringement of driverless cars from the perspective of comparative law.Chapter six puts forward a new idea of constructing the tort liability system of driverless cars.