摘要
Abstract
With the development of autonomous driving technology,conditionally automated vehicles are now legally permitted on roads in China.However,current legal regulations lag far behind technological advancements.When traffic accidents involving these vehicles occur,they raise issues of both traffic accident and product defect tort liability.Given that conditionally autonomous vehicles share characteristics such as human-machine co-driving,"algorithmic black boxes,"and the monopoly of driving data compared with traditional vehicles,the traditional burden of proof rules are no longer applicable to addressing issues related to traffic accident torts and product defect torts.By drawing on relevant provisions of Germany and the United States,it is proposed that the presumption of fault rule be uniformly applied to the burden of proof in traffic accident torts,and that producers in product defect torts be subdivided into finished product producers and manufacturers,with the former subject to the presumption of fault rule and the latter to strict liability.关键词
有条件自动驾驶汽车/侵权责任/证明责任/证明责任减轻技术Key words
conditionally automated vehicles/tort liability/burden of proof/proof alleviation techniques分类
社会科学
