On November 25, 2021, a screenshot posted by a Beijing-based Ms. Yuan on a social platform has attracted widespread attention from the society. In the screenshot, Ms. Yuan took a self-driving taxi, and the cost was only 1.34 yuan, which attracted the praise of netizens. Not only that, Ms. Yuan also introduced that the driving condition of self-driving taxis is excellent, bringing a comfortable experience to herself.
The value of autonomous driving technology to society
The commercial development of high technology has promoted the integration of artificial intelligence, 5G and other technologies with our real life, and has also brought us a high-quality life experience. In the future, more autonomous vehicles will be put into use in the market, and we will usher in the era of autonomous driving commercialization. The emergence of self-driving taxis has undoubtedly played an important role in promoting the development of public transportation in the mainland.
In our capital, for example, Beijing is at the forefront of the world on the road to the commercialization of self-driving cars, and will gradually carry out commercial operations. Even in the pilot phase, dozens of self-driving taxis are already on the road to pick up and drop off guests to their designated destinations. If the self-driving taxi industry can mature, large-scale commercial operations will become an unstoppable trend.
At that time, citizens will be able to avoid the time cost of waiting for taxis and buses. This not only brings convenience to citizens, but also brings great improvement to the efficiency of public transportation on the mainland.
In fact, the related services of autonomous driving technology have penetrated into all aspects of our lives. The emergence of autonomous express vehicles to solve the last five kilometers of logistics distribution problems, autonomous driving express vehicles rely on big data technology, quickly improve logistics efficiency and technology, effectively optimize the logistics cost structure, greatly reduce labor wages, management training and other costs, for the development of the logistics industry to provide a strong impetus. The emergence of unmanned sales vehicles has broken the inherent sales model, making the sale break through the restrictions of location, expand the scope of customers, not only limited to the scope; at the same time, reduce the cost of sales, save labor costs, ground rent and other expenses, and greatly improve sales profits. It can also provide convenience for consumers, eliminating the time for consumers to go to the point of sale, which can be described as killing two birds with one stone.
Problems and Responsibilities of Autonomous Driving Technology
However, while autonomous driving brings profits and convenience to people, we cannot ignore its risks. Although the performance of self-driving cars has been greatly improved compared to traditional human-driven cars, we cannot guarantee that they are 100% reliable, and since road testing and put into use, self-driving cars have had many traffic accidents.
On the evening of April 17, 2021 in the United States, a driverless Tesla car, for some reason, was too fast during a turn, rushed out of the highway and finally crashed into a tree, which not only caused a serious traffic accident, but also caused the death of two men.
On the mainland, driverless cars are also a hot spot of controversy. At the Shanghai Auto Show on April 19, 2021, the incident of a woman wearing a woman wearing a "brake failure" printed on it also caused widespread concern across the country.
The incident was also caused by the woman's accident while driving a Tesla car, and her claim to the Tesla team was rejected. Although the incident is more complicated, it still sparked public controversy over driverless technology. There are many traffic accidents about driverless technology, and while we enjoy the convenience of driverless driving, the concerns brought about by its safety will inevitably become the focus of attention.
So, who is responsible for the safety of autonomous driving technology? This should be the topic that we as consumers care about the most.
However, autonomous driving accidents are different from ordinary traffic accidents, and they have their own particularities, and they cannot be delimited according to the existing road traffic laws. There are two issues of liability involved in autonomous driving accidents.
First, there is the existing road traffic safety law, which has some parts that do not apply to today's driverless cars. There are obvious differences between traditional cars and self-driving cars, and after an accident, the subject of liability and the compensation method cannot be generalized.
Specific to the characteristics of driverless cars, as a robot with certain autonomous decision-making ability and behavioral ability, driving behavior is based on the design of algorithms. As an emerging technology, self-driving cars also have certain drawbacks. In terms of manufacturing, such as sensors, radar, and cameras, there may be manufacturing defects, so it is impossible to effectively determine whether there are objects around that hinder the operation of the vehicle.
In terms of design, self-driving cars use relevant algorithmic programs. However, because some big data technologies are backward, only part of the vehicle is intelligent, and it is difficult to ensure driving safety decisions.
Secondly, it is difficult to clearly define the responsible entity for traffic accidents caused by automatic driving. Because there are many entities involved in the accident, including manufacturers of automatic driving systems, automobile manufacturers, drivers, owners, etc., they may all be potential responsible subjects. After an accident, how to pursue the responsibility of the subject of the accident, whether to pursue the responsibility of the automobile manufacturer or the responsibility of the owner of the car, the existing law does not regulate. And driverless cars are the product of artificial intelligence, with strong uncertainty, which may lead to the driving of self-driving cars beyond the scope of the designer's expectations.
Therefore, the subjectivity of artificial intelligence today is still a worldwide problem, and whether it has subjective qualifications is controversial, and the responsibility is easily regulated, which will not be able to protect the personal safety of consumers.
As a prominent representative of the commercialization of artificial intelligence, self-driving cars are becoming a reality step by step, and the investment and interest they attract are also increasing day by day. If the autonomous vehicle industry wants to achieve a breakthrough in commercialization, it needs to improve the legal system guarantee. On the basis of vigorously developing autonomous driving technology, countries around the world have introduced relevant regulations. The United States is a pioneer in the development of driverless car laws and has set an example around the world. The process of self-driving car regulations in Europe is also in full swing, and countries such as the United Kingdom, France, and Sweden have opened the legislative process for autonomous vehicles. The conflict between technological developments and laws has become increasingly apparent, and legislation on self-driving cars has become an urgent issue to be solved.
Legal scholars, both at home and abroad, are hotly discussing legal issues related to self-driving cars. At present, China has listed self-driving cars as one of the major industries supported by the key support, and the relevant legal system has begun to take shape, but there is no systematic law yet. In terms of legal construction, some scholars have suggested the establishment of a law that specifically regulates autonomous driving, and some scholars believe that it is enough to amend the existing laws.
Whether it is a new proposition or a revision, it reflects the shortcomings of the existing law and the determination of the mainland to reform the law on autonomous driving. In recent years, the Ministry of Public Security of the mainland has also explained the relevant regulations on driverless cars, which is expected to fill the gap in the law in related fields.
Self-driving cars offer many conveniences, but they also pose a strict challenge to today's legal system. Traffic accidents caused by driverless cars should be subject to different rules and systems in order to clarify the attribution of responsibility. We have reason to believe that the future era will belong to artificial intelligence, and the laws and regulations that follow can not only provide guarantees for the development of the autonomous vehicle industry, but also guide the direction for its manufacturing and design, provide a strong impetus for the commercialization of autonomous vehicles, and further improve the world status of the mainland artificial intelligence industry.
Resources:
Research on the Legislative System of Autonomous Vehicle Risks_Hou Guolei Law Forum CNKI 2018-09-10
Defects of self-driving cars and their product liability_Wang Lebing Tsinghua Law Cnki 2020-03-15
On the establishment of China's autonomous vehicle regulatory system_Li Lei Journal of Beijing Institute of Technology (Social Sciences Edition) CNKI 2018-03-21
Research on damage liability in self-driving car traffic accidents_Liu Xiuqin Xiangtan University CNKI 2020-06-08
Author: Kinoshita Yoshihito Proofreader: Xiao Wan