Research On Liability Of Traffic Accident Infringement By Autonomous Vehicle

With the maturity of autonomous driving technology,the attributes of autonomous vehicle as a means of transportation have been recognized,and the attribution of tort liability in traffic accidents has become the focus of judicial practice.Compared with the traditional motor vehicle,the biggest characteristic of autonomous vehicle is intellectualization,which brings severe challenges to the existing tort liability system.Our traditional motor vehicle traffic accident tort liability system can not effectively solve the problem of automatic vehicle traffic accident tort liability.Based on the development status and legal status of autonomous vehicles,this paper draws on the legislative experience of the United States,Germany,Japan and other countries in the field of autonomous vehicles,aiming at the problems of a wide range of autonomous vehicle liability subjects,difficulty in determining causality and relief of victims,and puts forward suggestions to improve our autonomous vehicle traffic accident tort liability system.Firstly,by analyzing the disputes about the legal status of autonomous vehicles inside and outside the domain,this paper concludes that autonomous vehicles still belong to the category of "things" in civil law.On this premise,we should,on the basis of learning from other countries’ legislative experience and based on the development status of our autonomous vehicle industry,comprehensively apply the product liability and the motor vehicle traffic accident liability to deal with the infringement problem of autonomous vehicle traffic accident.Secondly,different from traditional cars,autonomous vehicles have the characteristics of intelligence and autonomy.Therefore,the existing specific rules of product liability and motor vehicle traffic accident liability cannot be directly applied to the traffic accident infringement of autonomous vehicles.Therefore,both product liability and traffic accident liability need to be explained and adjusted accordingly before application.Thirdly,when an autonomous vehicle has a traffic accident,based on its different degree of automation,it can determine the subject of infringement and the way of liability bearing according to its automation stage and the control of the autonomous driving system on the vehicle and the intervention of human drivers.Finally,relevant supporting systems should be established to provide guarantee for solving the infringement problem of traffic accidents of autonomous vehicles,such as the establishment of a two-tier liability insurance system combining compulsory traffic insurance and producers’ compulsory liability insurance,risk distribution,and mandatory installation of"black box" devices to find out the cause of accidents.