Research On The Identification Of Tort Liability Of Intelligent Vehicle

Due to its significant advantages and inherent commercial value far superior to traditional motor vehicles,intelligent vehicles are likely to replace traditional manual driving vehicles and enter thousands of households in the near future.Replacing human natural rationality with the mechanical rationality of artificial intelligence can indeed significantly reduce traffic accidents caused by human misoperation or fatigue driving,and improve safety.However,while autonomous driving technology promotes the revolution of the automotive industry,the issue of determining tort liability in intelligent vehicle damage accidents also poses a challenge to the current legal system.From the Tesla clean car collision case to the Google bus collision case to the Uber pedestrian collision case,while intelligent vehicles drive people towards a better future,they inevitably trigger a series of technical,ethical,and legal complications.The first thing to bear is how the law responds to the challenges posed by the new thing of intelligent vehicles.In the current law,the regulation of infringement rules in the field of transportation is premised on the premise that human drivers control and control the operation of the vehicle.The relevant rule design is carried out around this premise,while intelligent vehicles with the ultimate goal of achieving unmanned autonomous driving are the opposite.For the infringement of intelligent vehicles equipped with intelligent systems,the determination of causal relationship has changed from a simple "all or nothing" judgment to a "proportion" judgment,and from "qualitative" to "quantitative".There is a suspicion of "two penalties for one matter" in the consideration of "operational benefits",and there are logical flaws in the thinking of attribution.The attribution logic based on "operational control" should not be rigidly applied anymore,but should be adjusted accordingly as the vehicle’s operating mode changes.No matter how complex and special the infringement phenomenon caused by intelligent vehicles is,it is undoubtedly that they are still within the scope of adjustment of the rules of tort law.By examining and comparing the general principle of liability fixation in tort law rules with the special tort phenomenon of damage caused by intelligent vehicles,it should be possible to trace the source and calibrate the logical direction.The most fundamental imputation logic of tort liability can be condensed into: act damage liability.The most fundamental consideration for investigating liability for infringement lies in the infringement,in the magnitude of the causal force of the infringement on the damage caused,and in the magnitude of the liability,in other words,the "contribution" of the act,which is the "degree of participation in the damage" of the infringement.The main point of the discussion on the determination of tort liability caused by collision during the operation of intelligent vehicles lies in the magnitude of the causal force of the operation and collision behaviors on the damage consequences,namely,the "degree of damage participation" of the actors involved in the operation and collision behaviors;It is the determination of the operation control of people and machines in the operation of vehicles,that is,the basis for determining the infringement liability of intelligent vehicles lies in "operation control".The reality of the confluence of responsibilities determines that the determination of tort liability for intelligent vehicles still needs to be returned to the system framework of motor vehicle accident liability and product liability.The confluence of liability in intelligent vehicle infringement is a situation where product liability is involved in the adjustment of liability for motor vehicle accidents.When determining liability,it is necessary to uphold the value concept and position of "giving priority to the relief of victims" in motor vehicle accident liability,and appropriately adjust and soften some parts of the current rules that are not conducive to the relief of victims’ rights and interests due to new technologies.The practice of dividing the object of liability by intelligent hierarchical division not only makes the determination of liability for infringement of intelligent vehicles messy,but also makes the determination of liability unstable due to the fact that the solution is completely based on the classification of intelligent vehicle technology.Whether based on the stability requirements of the law or based on the test of logical principles,a more pragmatic and reasonable approach at present should be to implement the internal logic of operational control responsibility attribution,focus on the dynamic changes in operational control authority during the driving process of intelligent vehicles,and investigate the liability for violations of intelligent vehicle operation under different operating modes.