Responsibility determination of selfdriving car accidents(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2018年04期
- Page:
- 46-55
- Research Field:
- 交通运输
- Publishing date:
Info
- Title:
- Responsibility determination of selfdriving car accidents
- Author(s):
- YANG Hong-qin; HUANG Shu-jun
- School of Law，Shanghai University of International Business and Economics，Shanghai 201620， China
- Keywords:
- self-driving car; liability determination; driver responsibility; product liability; artificial intelligence
- PACS:
- D912.1
- DOI:
- -
- Abstract:
- Self-driving car is a wind vane for development trend of artificial intelligence technology. It’s highly autonomous learning decision mechanism is the product of artificial intelligence development. It promotes technological advancement, while also makes the current vehicle accident liability recognition system change. The traditional field of motor vehicle traffic accidents pursues the principle of “operational control” and “operating interest” to determine the responsibility, and the principle of fault liability based on driver’s duty of care is adopted. With the growing trend of intelligent driving of autonomous vehicles, the automatic driving system has the attributes of a driver, and the product responsibility of the system manufacturer to replace the driver’s liability has become a new trend. This article combines the autonomy nature of autonomous vehicles to study the liability identification of infringement accidents, and reasonably defines the operational status through black box technology. Under the principle of balancing technological innovation and victim relief, it is determined that the in the automatic driving accident infringement scenario the producer shall take product liability. However, the autonomous nature of a selfdriving car means that it is different from ordinary products. Therefore, by strengthening the producer’s obligation to explain, we can establish a strict postmortem monitoring mechanism, stipulate a producer’s exemption mechanism and set up a compulsory insurance system and other supporting mechanisms to rationally allocate liabilities for damage.
Last Update: 2018-10-16