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Liability for restitution compensation of traffic accident damage of automatic self-driving cars(PDF)

《长安大学学报(社科版)》[ISSN:1671-6248/CN:61-1391/C]

Issue:
2018年04期
Page:
25-35
Research Field:
交通运输
Publishing date:

Info

Title:
Liability for restitution compensation of traffic accident damage of automatic self-driving cars
Author(s):
XIE WeiXIAO Sa
Keywords:
 School of Art and LawWuhan University of TechnologyWuhan 430070 Hubei China
PACS:
D912.1
DOI:
-
Abstract:
With the rapid improvement of AI technology, the commercialization and popularization of selfdriving cars are able to count for the days. The development of technology is often a doubleedged sword. On the one hand, selfdriving cars bring social benefits, economic benefits and huge environmental benefits to mankind; on the other hand, selfdriving cars can not completely avoid traffic accidents. To solve the problems caused by ambiguous infringement liabilities in selfdriving car accidents, and provide a useful guidance for improving the legal system of compensation for selfdriving car traffic accidents, this paper analyses how to define and allocate the legal responsibilities for a selfdriving car traffic accident on the basis of exploring the challenges autonomous and selflearning features of selfdriving cars pose for various current laws such as Tort Liability Law and Product Quality Law. Results show that subjects involved in the operation of selfdriving cars should take strict responsibility according to the cause of the accident and different legal relationships, and responsibilities should be rationally allocated among various subjects. Referring to Amendment to the German Road Traffic Law, the US Autopilot Law, the British Automobile Technology the Aviation Bill and other legislation related to autonomous driving, this paper gives some feasible suggestions such as giving full play to the functions of various insurance systems, increasing the upper limit of compensation for traffic compulsory liability insurance, adding product liability compulsory insurance system and so on in order to protect the interests of victims.

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Last Update: 2018-10-16