We should hold an encouraging attitude towards the development of new technologies. Safety supervision is important, but it is not appropriate to use old systems to toughen restrictions. This is a new field and needs to be viewed with new perspectives and new attitudes. We hope that legislation can be implemented as soon as possible. To recognize driverless cars, do not delay the development of new things because of laws.
On November 16, 2017, Li Baihong, chairman and CEO of Baidu, said a word at Baidu World Congress: “If the driverless ticket has already arrived, will the mass production of driverless cars be far behind?”
The words of Li Yanhong are more of a plan than a prophecy.
January 8, 2018, Baidu Group President and COO Lu Qi officially announced in the United States, Baidu unmanned platform Apollo2.0 officially opened.
While the company promotes driverless cars, the relevant departments are also working hard to formulate a system.
On December 18, 2017, the Beijing Municipal Transport Commission, jointly with the Beijing Public Security Traffic Management Bureau and the Beijing Economic Information Commission, formulated and issued the “Beijing Municipal Government’s Guidelines on Accelerating the Road Testing of Autopilot Vehicles (Trial)” and “Beijing Municipal Government” Regulations for the Implementation of Road Test Management for Autopilot Vehicles (Trial), which regulates the actual road tests for self-driving cars.
“Unmanned driving involves many aspects. These two documents set out rules for road testing and can be said to have opened a small step in ice-breaking. However, regarding the liability for damage caused by driverless vehicles, platform liability, insurance type, and data Many aspects of safety and other aspects still need to be regulated by laws,” said Zhu Xi, deputy director of the Communication Law Research Center of the China University of Political Science and Law, who told reporters from Legal Daily.
Driverless car encounters legal gap
In March 2016, Li Yanhong, a member of the National Committee of the Chinese People's Political Consultative Conference, submitted a proposal on “accelerating the formulation and improvement of relevant policies and regulations for driverless cars and seizing the commanding heights of industrial development” at the National Committee of the Chinese People's Political Consultative Conference.
Li Yanhong believes that at present, major developed countries have taken various measures to support enterprises in the development and testing of driverless cars, and have actively explored the revision of relevant laws and regulations. However, most of the existing policies and regulations in China are not compatible with the development of unmanned vehicles.
In response to this issue, Li Yanhong suggested that China should amend and improve the laws and regulations related to driverless driving as soon as possible to provide institutional guarantees for the development, testing, and commercialization of driverless vehicles. Promote the establishment and improvement of relevant technical standards for driverless cars. Actively organize pilot projects for pilotless car testing.
Li Shufu, member of the National Committee of the Chinese People's Political Consultative Conference and chairman of Geely Group, submitted a proposal on unmanned driving for two consecutive years at the National Committee of the Chinese People's Political Consultative Conference.
In 2016, Li Shufu mentioned in the proposal that autopilot will become the future direction of the automotive industry. Since legislation or revision of laws and regulations requires a certain period, consideration should be given to autonomous driving legislation as soon as possible. It is suggested to study and analyze the current laws and regulations in China, identify and start to revise the relevant clauses that hinder the development of automatic driving.
In 2017, Li Shufu submitted a proposal for “Precision Open Map Accurate Surveying and Mapping to Reduce Development Barriers to Autopilot Technologies”. Li Shufu believes that in the field of unmanned driving, breaking system barriers is a prerequisite for further technological development.
With the passage of time, the pace of development of driverless cars has reached the front of laws and regulations.
In July 2017, Robin Li took a driverless car to the Beijing Five Rings. Sitting in the co-pilot's seat, Li Yanhong laughed when talking to Lu Qi at the Baidu AI Developer Conference. He said that the five-ring car was very large, but the driverless car was running steadily and "very well."
During the connection, Li Yanhong deliberately emphasized that the car was in automatic driving condition. The hands of Gu Weiyi, the general manager of the Baidu Smart Vehicle Division sitting in the driver's seat, were not on the steering wheel. The car was autopilot.
After Li Yanhong's video on a driverless car was uploaded on the Internet, the Beijing Traffic Control Department launched an investigation. It is said that the current regulations do not allow unmanned vehicles to go on the road.
Subsequently, Li Yanhong received a ticket.
China's Road Traffic Safety Law clearly stipulates that driving motor vehicles should obtain motor vehicle driving licenses according to law. In other words, the driver should be a natural person. According to this provision, it is indeed illegal for unmanned vehicles to go on the road.
Determination of liability for damages in establishing law
Sun Yuanxi, executive director of the US Academy of Asia-Pacific Law and visiting professor of the Peking University School of Law, believes that the development of driverless cars will inevitably undergo a transitional phase between manned and unmanned vehicles. With human intervention, how to determine liability for damages? , is a major problem that the legislation needs to face.
"It can be expected that, at least during the transition of coexistence between man and driver, the manufacturer of the unmanned vehicle will necessarily claim that it is based on some kind of driver's artificial error. But the problem lies in the logic of artificial intelligence, It is not necessarily consistent with human instincts in operation. Therefore, whether there is a need to redefine the way of risk-taking in existing no-fault liability insurance will inevitably become a major controversy,” Sun said.
Liu Junhai, a professor at Renmin University of China, believes that the current road traffic safety law is based on the driver’s manual driving model. The emergence of unmanned vehicles raises many emerging legal issues, and the contradiction between traditional law and technological innovation is prominent. “The driverless driver is entirely dependent on the software navigation device to determine whether the car is turning, parallel and avoiding pedestrians. However, the technology cannot be perfect. Once navigation problems arise, there should be avoidance, but the car can not be identified. It is controversial not to assume responsibility."
Chen Ming, Vice President of Chongqing Boen Technology (Group) Co., Ltd. and Associate Professor of Law School of Chongqing Technology and Business University, believes that the existing laws have relatively complete requirements on product liability and tort liability components. “Driving without driver can be divided according to the usage scenarios. The quality of the performance and the defects in safety are product liability. It is a tort liability to cause damage to others or property in the process of drone driving.”
Chen Ming frankly said that, despite this, the division of responsibilities between unmanned and hybrid driving will still be a major challenge facing the legislation of driverless cars. "Because the identification of the responsibility for hybrid driving requires not only legal clarity but also technical support."
System security and privacy protection challenges
Near the specific location, all cars’ autopilot systems and Vehicular Smart Terminals were blackened by the computer hacker team. As a result, countless cars broke through the windows of the building and galloped down. They slammed through the streets like the “Bullet of the Funeral Vehicles” and struck and piled together—a scene in the Speed and Passion 8 movie.
“This scenario is likely to occur in reality. The information on driverless cars includes both users and countries and companies. Therefore, the law must specify the information security of driverless cars in the future. "Zhu Yu said.
According to Sun Yuanzhang, how to avoid unlicensed systems and data being hacked and stolen is one of the great challenges facing the development of driverless cars.
Sun Yuanxi believes that in terms of computer system security, if it is to be successful, it must allow real-time, immediate, and complete connectivity between cars of different brands. However, such a networked system must be maintained to some extent. Open the door, this design makes the computer system security and privacy protection issues become a major concern.
Liu Zejing, chief computer internet analyst at China Merchants Securities, believes that the hottest “blockchain technology” can be used as one of the solutions to this problem.
From a technical point of view, blockchain is a technology system that is maintained by multiple parties, stores data in a blockchain structure, uses cryptography to ensure transmission and access security, and can implement consistent data storage, irreparable tamper, and non-repudiation.
“Block chain popular point is a decentralized technology and management system. In this system, if the user wants to take a directive, he must obtain permission from other users of the user in a network. There is a The agreement, in accordance with this agreement instructions, can be implemented. Therefore, the use of this technology can solve the problem of system security." Liu Zejing said.
Sun Yuanhao believes that blockchains can ensure the security of transactions and avoid being intervened or altered, but they cannot prevent identification. Therefore, blockchains can be traced back to the original source and cannot completely solve the problem of system security. As long as the front-end identification is done well, then with this technology, it can indeed play at least part of the effect."
It is necessary to clarify the bottom line without hindering innovation
According to Lu Feng, deputy director of the Institute of Internet Research at the CCID Research Institute of the Ministry of Industry and Information Technology, relevant laws, regulations, and regulations must be formulated and revised to regulate the development of self-driving cars. At the same time, the standardization of road traffic facilities construction will be promoted to allow automatic vehicles to run safely on roads.
Zhang Zhuting, director of the law department of the Beijing Traffic Management Cadre Institute, said that relevant departments have already started relevant legislative preparations and are conducting research. “First, the law will not prohibit technological progress, but will also try to guide the development of technology. But technology The development cannot harm public safety, and the law must be evaded in this regard."
In Zhu Xi’s opinion, the development of new technologies should be encouraged, and safety supervision is important, but it is not appropriate to use the old system to toughen restrictions. This is a new field and needs to be viewed with new perspectives and new attitudes. It is hoped that legislation can quickly recognize non-driving cars and do not influence the development of new things because of the lag of the law.
"For the legislation of driverless cars, the principle of promotion, bottom line and complementarity should be followed. It is necessary to make some bottom-line regulations, such as the determination of damage liability, insurance provisions, etc. At the same time, It can't hinder technological innovation, for example, in map mapping, road testing, etc., on the premise of not harming national security, it is recommended to appropriately relax it,” Zhu Xi said.
It is worth noting that Beijing has opened up the road test for unmanned driving, and driverless cars have begun to break ice with the help of policies.
On December 18, 2017, the Beijing Municipal Traffic Commission, jointly with the Beijing Public Security Traffic Control Bureau and the Beijing Economic Information Commission, issued a new regulation for automatic driving tests, which gave legality to the auto test drive test. According to the new regulations, an independent legal entity registered in China may apply for a temporary driving of a self-driving vehicle. Self-driving vehicles must have both automatic and manual driving modes. During the test on the road, the vehicle is in the "manned" state. In special or emergency situations, the driver should have an emergency response. After getting on the road, the test unit must purchase traffic accident liability insurance or compensation guarantee. Traffic accidents in self-driving vehicles are handled in accordance with current regulations.
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