无人驾驶汽车交通事故侵权责任主体和归责原则

The Subject of Liability for Infringement of Traffic Accidents in Driverless Cars and the Doctrine of Liability Fixation

无人驾驶汽车产业在快速发展的同时也带来许多问题,责任主体难以明确、因果关系复杂、归责原则适用混乱都给无人驾驶汽车侵权归责带来挑战。为此,在否定无人驾驶汽车独立法人格的基础上,应回归传统的交通事故侵权和产品侵权,并针对无人驾驶汽车特性作出应对挑战的回应。此外,还应扩张性适用高度危险责任,创造性地设立保险责任,以期实现保障受害人权益和激励技术发展并重。

The driverless car industry has also brought many problems during its rapid development. Who to blame when a traffic accident occurs is a heated discussion in the academic community. The subject of liability which is hard to clarify,the complex causal relationship,and the application confusion of doctrine of liability fixation bring great challenges for fixing liability for tort in driverless cars. To this end,on the basis of negating the independent legal personality of driverless cars,it should return to the traditional traffic accident infringement and product infringement,and respond to the challenge of the characteristics of driverless cars. In addition,it is also necessary to expand the application of high-risk responsibilities and creatively establish insurance responsibilities in order to achieve a situation in which the protection of victims’ rights and the development of incentive technologies are equally important.