Permitted Risk and the Duty of Care in Self-Driving
The existing method of determining the duty of care which is based on the possibility of foreseeability and avoidance,is not suitable for the development stage and technical solution of Chinese self-driving technology.In order to reasonably construct a duty of care system in self-driving scenarios,it is of necessity to clarify the relationship between permitted risk and duty of care.The permitted risk is not a"back-end constraint"of the duty of care,but a reasonable risk-allocation by criminal law.The scope of risk management formed by risk-allocation shapes the basic framework of duty of care.Risk-allocation in self-driving scenarios should adhere to three main principles:the principle of social-sharing,the principle of fairness and the principle of efficiency.In order to reasonably determine the duty of care of program developers,manufacturers,sellers,users and other traffic participants,the duty of care system should be constructed from the inter-subjective dimension and the temporal dimension.
permitted riskrisk allocationduty of careself-drivingnegligence
万方数据
维普
