Education, Science, Technology, Innovation and Life
Open Access
Sign In

Construction of a Tort Liability Allocation System for Autonomous Vehicles from the Perspective of "Liable Subjects"

Download as PDF

DOI: 10.23977/law.2026.050205 | Downloads: 0 | Views: 48

Author(s)

Linghan Zeng 1

Affiliation(s)

1 School of Law and Politics, Guangdong Ocean University, Zhanjiang, 524000, Guangdong, China

Corresponding Author

Linghan Zeng

ABSTRACT

With the continuous development of China's autonomous vehicle industry, traditional tort liability allocation methods have become difficult to apply. The existing national and local classification standards struggle to correspond to appropriate liable subjects in practice. The current legislative approach, which prioritizes the driver or owner in the order of liability, is unreasonable. It increases the burden on consumers and reduces the likelihood of actual compensation being realized. At the same time, there is controversy regarding the subject of product liability, and the scope of producers remains unclear. Based on the realities of legal application, a new classification standard should be reconstructed by integrating theory with practice while adapting as closely as possible to the framework of existing laws. The order of liability should be changed so that the producer ranks first. It should be clarified that product liability for autonomous vehicles shall be borne by the producer, who is the sole subject in the identification system, thereby reasonably determining the liable subjects for torts involving autonomous motor vehicles.

KEYWORDS

Autonomous vehicles; tort liability; liable subjects; three-tier classification system

CITE THIS PAPER

Linghan Zeng. Construction of a Tort Liability Allocation System for Autonomous Vehicles from the Perspective of "Liable Subjects". Science of Law Journal (2026). Vol. 5, No. 2, 28-35. DOI: http://dx.doi.org/DOI: 10.23977/law.2026.050205.

REFERENCES

[1] Ye, M., & Zhang, J. (2019). Challenges and countermeasures for identifying the subjects of liability for damages in autonomous vehicle traffic accidents. E-Government, (1), 67.
[2] Standardization Administration of China. Taxonomy and definitions for terms related to driving automation systems for on-road motor vehicles (GB/T 40429-2021). Beijing: Standards Press of China, 2021.
[3] Shi, G. B. (2026). Liability for autonomous vehicle torts: Practical dilemmas and their solutions. Guangdong Social Sciences, (1), 264.
[4] Zhou, W. K., Hu, J. W., & Zhang, D. (2021). Subject identification and liability forms for tort liability of autonomous vehicles. Economic Problems, (2), 40.
[5] Yang, L. X. (2025). A comparative study on traffic accident liability rules for autonomous vehicles in local regulations. Law Science Magazine, (1), 23.
[6] Von Bar, C. (2001). The Common European Law of Torts (Vol. 2) (M. H. Jiao, Trans.). Beijing: Law Press. (Original work published 1996), 502.
[7] Deng, J. Z., & Cheng, Z. T. (2022). Dilemmas and countermeasures of applying product liability to autonomous vehicles. Era Law, 20(3), 16–18.
[8] Gan, D. Y. (2025). On the duty of care of drivers of autonomous vehicles. Journal of Hunan Administration Institute, (1), 17–26.
[9] Xu, S. Z. (2025). Identification of tort liability subjects for autonomous motor vehicles based on deontology. Journal of Wuhan Institute of Shipbuilding Technology, 27(4), 9.
[10] Jiao, F. M., & Bao, H. L. (2025). The dilemma of imputation and its resolution path for autonomous driving traffic accident torts. Academia Bimestrie, (2), 174.
[11] Ye, J. Q. (2009). The theory of risk sphere and the dual system of imputation in tort law. Law Studies, 31(2), 38–56.

All published work is licensed under a Creative Commons Attribution 4.0 International License.

Copyright © 2016 - 2031 Clausius Scientific Press Inc. All Rights Reserved.