Dilemma and Solution of Intelligent Vehicle Tort Liability Regulation in The Post-Civil Code Era

Abstract

Since the concept of "artificial intelligence" was first proposed in 1956, it has been applied in many fields, and China has also entered the era of artificial intelligence. Smart cars are developing more and more rapidly, bringing great convenience to people's lives, but they cannot completely avoid the risk of traffic accidents. After a smart car is involved in a traffic accident, how to allocate responsibility has become a difficult problem. Due to the autonomy of smart cars, existing laws do not seem to be able to fully solve this problem, and after the introduction of the Civil Code, it cannot solve it. Based on the research of relevant scholars, this paper clarifies the existing legal regulatory dilemma, and attempts to combine it with the classification standard of autonomous driving, so that the tort liability allocation of smart vehicles can be solved under the existing legal framework through the principle of grading proportionality.