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| Law and Economic Analysis of Tort Liability and Insurance System of Human-computer Driving |
| LIU Yi |
| Law School, The National Police University for Criminal Justice |
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Abstract As a key field of artificial intelligence at work, automatic driving technology will significantly reduce traffic accidents and insurance compensation in the future. However, it is difficult for the automatic driving vehicle to cross the human-computer driving stage and achieve completely unmanned-driving. There is a significant synergistic effect between motor vehicle accident tort damage compensation and insurance compensation. The distribution of tort liability for human-computer driving accidents affects the insurance response to traffic accidents in the future, and the interactive accident insurance can strengthen the effectiveness of tort law and reduce the uncertainty of human-computer driving tort liability. Law and economic analysis is a unique perspective of responsibility and risk, which subdivides the cost of human-computer driving accident into direct cost, risk dispersion cost and risk management cost, so as to provide a tool for equalizing the interests among drivers, producers and insurers. For human-computer driving accidents, we should coordinate tort liability with accident cost, locate the function of tort liability and traffic compulsory insurance with fault as the boundary, and use no fault insurance to adjust compulsory insurance.
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Received: 18 September 2021
Published: 15 February 2022
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2022, Vol. 42 
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