河北法学2025，Vol.43Issue(3)：166-184,19.DOI:10.16494/j.cnki.1002-3933.2025.03.009
人机共驾下"电车难题"的解构:冲突、调和与归责
The Deconstruction of"Trolley Problem"Under Man-machine Co-driving:Conflict,Reconciliation and Imputation
摘要
Abstract
Man-machine co-driving is a new driving mode which is mainly operated by the automatic driving system and supplemented by the driver taking over the vehicle at any time.In the face of an emergency situation where the protection of driver safety and public safety are at odds,the choice between a driver and an autonomous driving system creates a"trolley problem".The minimum risk management obligation of the automatic driving system is to take over the vehicle temporarily when the driver can not deal with the emergency in time when facing the emergency,drivers choose to protect their own safety at the expense of public safety based on their instinctive reaction.For the conflict between the two,we can analyze the dynamic and static factors that affect the traffic accident from the perspective of data analysis,and make the subject of liability clear after the result of the conflict.关键词
人机共驾/"电车难题"/自动驾驶系统/最小风险管理义务/紧急避险Key words
man-machine co-driving/"trolley problem"/automatic driving system/minimum risk management obligation/emergency avoidance分类
社会科学引用本文复制引用
孙剑锋..人机共驾下"电车难题"的解构:冲突、调和与归责[J].河北法学,2025,43(3):166-184,19.
