The article presents an in-depth analysis of some important problems regarding civil tort liability for autonomous vehicles in terms of China's regulatory system, where particular emphasis is placed on the rapid advancement from Level 3 to Level 5 in automotive driving technology, which clearly shows that the traditional theory focused on human factors cannot keep up with the new changes brought by intelligent technology. China, as the main market of L2 automations, has the largest number of vehicles equipped with ADAS (Advanced Driver Assistance Systems) on its roadways, and needs to have policies applicable to such types of automotive driving functions soon. From analyses of famous cases overseas such as Uber fatality in 2018, the German Mercedes-Benz 2023 level 3 vehicle issue, etc., it is found that most of these incidents happen due to insufficient understanding about issues like the identity of the actor in accidental situations, principle(s) of accountabilities, how the existing product liability rules need to be updated or strengthened in some key aspects and how insurance should function in regards to the changing landscape of automotive accidents. Therefore, understanding the concepts above-mentioned is the prerequisite to establishing a corresponding duty-based determination and apportionment mechanism. And what’s more, our study brings references based on different foreign theories and doctrines, combining all elements above-mentioned and our own situation in China, targeting at finally offering feasible and plausible constructive suggestions of building an inclusive solution with domestic legislation revision and other relevant institutional adaptations plus safety standards improvement on industrial level, so as to incorporate advanced technology into legislative measures as fast as possible but never become overpowered or overthrown as such right vindications lag.
Autonomous driving; civil tort; liability attribution; product responsibility; legal framework; regulatory adaptation; technological risk; insurance innovation.
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