Research On Legal Issues Of Infringement Of Intelligent Connected Vehicle

With the data support and computing power support provided by emerging technologies such as the Internet,big data,and cloud computing,artificial intelligence technology and industry are in full swing,and more and more artificial intelligence products have emerged.Converged development has created intelligent networked vehicles.Driven by my country’s national policy of accelerating the construction of new smart cities,ICVs have gained unprecedented development opportunities with their intelligence and connectivity.In September 2020,Changsha built the country’s first test site for ICVs.Since then,Beijing,Shanghai,Shenzhen and other places have successively carried out road tests of ICVs.The implementation of supporting facilities marks the official commercialization of ICVs.The intelligence of the ICV is reflected in the fact that it relies on the data analysis function of the intelligent in-vehicle system to analyze the road information collected by the sensors,and relies on the advanced intelligent driving technology to free the hands of human beings and bring a new driving experience.However,due to the complexity of the in-vehicle system algorithms and the immaturity of the identification capabilities of the intelligent networked vehicles,frequent traffic accidents have occurred.At the beginning of 2020,Tesla’s intelligent connected car had a car accident in Southern California,USA.In August2021,the driver of NIO ES8 died in a car accident while piloting,and the accidents of intelligent connected cars continued one after another.In addition,the road test scenarios in major cities tend to be tested on open roads.Open roads allow ICVs and ordinary vehicles to be on the same traffic road,further increasing the possibility of traffic accidents.It can be seen that the autonomous driving technology is not mature,and a series of disputes have arisen after the traffic accident.How to fairly distribute the tort liability among various subjects has become a legal problem that needs to be solved urgently.The emergence of intelligent and connected vehicles has brought the following challenges to the existing tort liability system.First of all,in terms of the identification of the infringement nature of ICVs,ICVs,as smart devices on wheels,change the nature of ordinary driving behavior.The driver entrusts the dominance of the vehicle to the intelligent in-vehicle system,which has more intelligence than human beings.It is controversial whether ICV should be given legal status due to its characteristics.At the same time,the particularity of ICV makes it difficult to apply by analogy to special infringement systems such as animal infringement.Secondly,in terms of liability for traffic accidents,the current statement of the motor vehicle side makes it difficult to identify the responsible subject;the particularity of ICVs makes passengers out of control of the steering wheel,and they only have a low degree of duty of care under certain circumstances,making it difficult for passengers to identify themselves.The traditional principle of attribution of fault is difficult to apply again.In terms of product liability,intelligent networked vehicles are highly complex,which is very different from ordinary motor vehicle products in the past.The difficulty of identifying product defects blocks the chain of causation,and the victims are limited by their weak knowledge and cannot bear the full burden of proof.All of the above are The application of product liability creates challenges.Finally,the newly promulgated "Road Traffic Safety Law" solicitation draft does not clearly stipulate the issue of this new type of tort liability.In order to solve the above problems,the author believes that the intelligent networked vehicle should not have the legal subject qualification.At the same time,the German custodian’s no-fault liability is introduced in the traffic accident liability,and the custodian is defined by control interests and operating interests.At the same time,a black box is installed to identify vehicle driving information,and a compulsory liability insurance system is set up as a supporting tool.At the level of the path of product liability,if it is confirmed that the traffic accident is caused by product defects,the automobile manufacturer,in-vehicle system developer,raw material and component suppliers will be responsible for no-fault liability;the system defect judgment standard should be based on unreasonable Danger is the principle,national standards and industry standards are the basics,and consumers’ expectations are the main standards,and risk utility standards are the supplementary standards.bear the burden of proof.