关键词: 人工智能, 自动驾驶, 产品责任, 交通事故责任, 民法典

Abstract:  Automated driving can be divided into highlevel automated driving and driverless driving. Since no automated driving vehicles can completely avoid accidents, we should fully respond to the challenges of automated driving through the legislation of Civil Code. First of all, in terms of product liability, the modifiers as the the producers of the automated driving vehicles should take full responsibility.Meanwhile, standards of reasonable consumers expectations should be referenced in judging product defects. The presumption of causation and the reversal of the burden of proof should be applied to automobile product liability. Nevertheless, the defense of development risks should not be applied. Secondly, traffic accident liability needs to be differentiated according to the types of automated driving. Producers and users have joint liability in highlevel automated driving vehicles while producers should take full responsibility for driverless vehicles. Finally, in auto insurance, automobile insurance is embodied in a unique threelayer structure, including compulsory insurance insured by the owner or custodian, the commercial automobile insurance insured by the user or the producer and the product liability insurance insured by the producer or seller.

Key words: automated driving;artificial intelligence, product liability;traffic accident liability, Civil Code