无人驾驶汽车交通事故责任主体研究

无人驾驶汽车快速发展,对以驾驶员为中心的交通事故处理规则产生了巨大挑战。尤其是事故责任主体,主要有单独责任说和共同责任说两种。单独责任说认为应当由车主或生产者单独承担责任,它又包括驾驶员说、雇主责任说、饲主说和产品责任说,但这些学说均存在不合理之处。用高度危险责任解决无人驾驶汽车交通事故责任问题,并由车主承担不真正连带责任,是最合理的方案。

On the Subject of Liability for the Traffic Accident of Driverless Vehicle

With the rapid development of driverless vehicles,there is a huge challenge to the driver centered traffic accident handling rules.In particular,there are two kinds of liability subjects,i.e.the theory of individual liability and the theory of joint and several liability.The theory of individual responsibility holds that the owner or producer should bear the responsibility alone,and it includes the theory of driver,the theory of employer,the theory of breeder and the theory of product responsibility,but there are irrationalities in these theories.It is the most reasonable plan to solve the problem of liability for traffic accidents of driverless vehicles with greatly dangerous liability,and the owners to bear the unreal joint and several liability.