Journal of Shanghai University (Social Science Edition) ›› 2019, Vol. 36 ›› Issue (1): 16-.
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The number of tort accidents caused by selfdriving vehicles increases with the wider application of artificial intelligence. The development of selfdriving vehicles is greatly restrained due to such challenges as avague legal status and difficulty in the application of traditional tort liability. Based on the internal rules of right evolution, it is recommended that selfdriving vehicles should be endowed with independent legal personality and we should make different tort liability rules in accordance with the purpose of use. For personal use, the loss of the infringed person should be paid in advance within the insurance limit. The portion that exceeds the insurance limit will be covered by private property and the liability should be determined in accordance with the liability of motor vehicle traffic accidents since the selfdriving vehicles should be deemed as responsible "drivers" who can further file a claim against designers, manufacturers, sellers or users for recovery. For public use, the amended enterprise liability should be applied to selfdriving traffic industry as a whole in the form of joint liability by a fund, but it does not rule out the situation in which individual entities take responsibility.
Key words: artificial intelligence, selfdriving vehicles, legal personality, tort liability
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URL: https://www.jsus.shu.edu.cn/EN/
https://www.jsus.shu.edu.cn/EN/Y2019/V36/I1/16