학술논문
无人驾驶汽车归责及责任主体探析
Analysis on the Doctrine of Liability Fixation and the Subject of Responsibility of Driverless Cars
무인자동차의 귀책 및 책임주체 분석
Analysis on the Doctrine of Liability Fixation and the Subject of Responsibility of Driverless Cars
무인자동차의 귀책 및 책임주체 분석
Document Type
Article
Text
Text
Author
Source
중국법연구, 11/30/2018, Vol. 36, p. 243-266
Subject
Language
중국어(CHI)
ISSN
1738-7051
Abstract
身处在当今这样一个大数据、人工智能的时代，面临着科学技术的飞 速发展，无人驾驶汽车的问世似乎情理之中. 无人驾驶技术因其便利性与 智能性深深的吸引着人们对它的好奇心，越来越多的互联网公司以及传 统的汽车生产公司投入到无人驾驶汽车的研发之中，力求在该领域抢占 一席之地. 随着无人驾驶汽车在技术层面的进一步突破，各国都面临着法 律规范层面的难题亟待解决. 无人驾驶旨在带给人们便捷、安全的出行方 式，但是无人驾驶汽车引发的大大小小的安全事故，在法律缺位的情形 下，使公众充满了疑虑. 长此以往，将不利于该项新兴技术的发展. 技术 的进步总是会给法律提出新的挑战，无人驾驶技术的发展同样离不开法 律规范的保驾护航. 因此，应当尽快明确无人驾驶汽车发生事故后的责任 承担，其中最重要的两个问题就是归责原则和责任主体. 本文将结合近些 年来国内外无人驾驶汽车发生的各种事故来引出问题，再结合国内外的 相关立法来窥视无人驾驶汽车在我国法律层面的问题与不足，着重分析 无人驾驶汽车发生事故后的归责原则和责任主体. 在探讨归责原则和责任 主体时，笔者将根据无人驾驶汽车的自动化程度分层次进行讨论，最后 为无人驾驶汽车在法律制度的构建上提出自己小小的建议.
In this era of big data and artificial intelligence, envisaging the rapid development of science and technology, it seems reasonable that driverless cars should be born. Because of the convenience and intelligent of Self-driving technology, it is deep to attract people's curiosity. An increasing number of Internet companies as well as the traditional automobile production companies invest in the research and development of driverless cars to snag a spot in this f ield. With the further breakthrough of driverless cars in the technical level, every country is faced with the problem of legal norms. Self-driving technology aims to bring people convenient and safe way to travel, but in the absence of legislation, those accidents caused by driverless cars make the public is full of worries. If things continue this way, this will be detrimental to the development of this new technology. The progress of technology will always bring new challenges to legislation, and the development of self-driving technology is also inseparable from the protec tion of l egislation. Therefore, i t is n ec essary t o make c lear t he responsibility commitment in the accident of the driverless car as soon as possible, and two of the most important issues are the doctrine of liability fixation and the subject of responsibility. This article will use driverless cars accidents at home and abroad to raise the question, and probe into the problems and shortcomings of driverless cars in legislation of our country through related legislation at home and abroad, concentrating on analyzing the doctrine of liability fixation and the subject of responsibility in the accident of the driverless car. When discussing the doctrine of liability fixation and the subject of responsibility, this paper will discuss according to the degree of automation of driverless cars. And finally, the paper puts forward some suggestions for the construction of legal system for driverless cars.
In this era of big data and artificial intelligence, envisaging the rapid development of science and technology, it seems reasonable that driverless cars should be born. Because of the convenience and intelligent of Self-driving technology, it is deep to attract people's curiosity. An increasing number of Internet companies as well as the traditional automobile production companies invest in the research and development of driverless cars to snag a spot in this f ield. With the further breakthrough of driverless cars in the technical level, every country is faced with the problem of legal norms. Self-driving technology aims to bring people convenient and safe way to travel, but in the absence of legislation, those accidents caused by driverless cars make the public is full of worries. If things continue this way, this will be detrimental to the development of this new technology. The progress of technology will always bring new challenges to legislation, and the development of self-driving technology is also inseparable from the protec tion of l egislation. Therefore, i t is n ec essary t o make c lear t he responsibility commitment in the accident of the driverless car as soon as possible, and two of the most important issues are the doctrine of liability fixation and the subject of responsibility. This article will use driverless cars accidents at home and abroad to raise the question, and probe into the problems and shortcomings of driverless cars in legislation of our country through related legislation at home and abroad, concentrating on analyzing the doctrine of liability fixation and the subject of responsibility in the accident of the driverless car. When discussing the doctrine of liability fixation and the subject of responsibility, this paper will discuss according to the degree of automation of driverless cars. And finally, the paper puts forward some suggestions for the construction of legal system for driverless cars.