无人驾驶汽车交通事故侵权责任认定之法律困境及立法建议

The Dilemma on Determining the Tort Liability Concerning Traffic Accidents Caused by Driverless Vehicles and Legislative Suggestions

无人驾驶汽车发生交通事故存在侵权行为责任主体难以认定,事故因果关系难辨、过错侵权责任难以适用等问题。要突破无人驾驶汽车交通事故侵权责任认定的法律困境,就需以“人为因素干预”与否作为侵权责任主体的认定依据,实现多类分级的事故归责认定,建立分类治理、差别适用的交通事故归责原则。

There are some problems with the traffic accidents caused by driverless cars. For example, it is difficult to identify who conducts the tort act in the accident, clarify the causation of the accident and apply the tort liability provisions. In order to resolve this legal dilemma, it is necessary to take "human factor intervention" as the basis for the determination of the party responsible for the tort liability arising from the accident, realize the classified and multi-level liabilities for the accident, and establish the principle of classified governance and differentiated application for allocating the liabilities for the traffic accidents caused by driverless cars.