中国无人驾驶汽车法律规制的审查与建议

Abstract

This paper analyzes legal regulations concerning autonomous vehicles in China, examining key legal issues facing the development of autonomous driving technology, particularly in relation to tort liability. Based on the technical characteristics of autonomous vehicles and levels of automation (L0-L5), it systematically examines the issues of legal responsibility distribution across different levels of automation and proposes an appropriate legal liability framework for each stage. The paper first outlines the basic concepts and characteristics of autonomous vehicles, followed by a comparative analysis of legislative developments in various countries and regions, including China, South Korea, Japan, the United States, and Europe. Based on this analysis, it proposes a "graded proportional liability system" that addresses the responsibility distribution among human drivers, automated systems, and semi-autonomous states according to the level of technology. This system is expected to clarify the entities responsible, encouraging manufacturers to improve their technical standards and fostering the healthy development of autonomous driving technology. Looking to the future, as autonomous driving technology continues to progress and achieve broad application, issues surrounding liability regulations will become increasingly complex and nuanced. It is therefore essential to consistently monitor technological advancements and continuously refine and adapt the legal framework. Globally, autonomous driving technology is advancing rapidly, with each country implementing varying degrees of regulatory measures. In China, significant areas within relevant legislation still require further enhancement and refinement. Consequently, China should strengthen international cooperation and exchange, leveraging successful legislative experiences from other countries to collaboratively address the global legal challenges posed by autonomous driving technology.