Integrating the development and safety of autonomous driving through the rule of law

2026-04-22

Recently, news of malfunctions in autonomous vehicles has repeatedly drawn social attention. From the perspective of the rule of law, balancing the development and safety of the autonomous driving industry requires a clearer and more comprehensive legal framework. The outline of the 15th Five Year Plan clearly states that "coordinated development and safety" are the principles that must be followed to promote economic and social development, and proposes to promote innovation in intelligent driving technology and legislation in emerging fields. At present, autonomous driving technology is moving from assisted driving to high-level autonomous driving, and the commercialization and large-scale application of L3 and above level autonomous driving are gradually advancing, becoming an important direction for the upgrading of the automotive industry. Along with the rapid development of technology, it has also brought a series of security and management challenges. How to coordinate the development of technological innovation and road safety, and better promote the rule of law in the field of autonomous driving, has become an important issue at present. Autonomous driving integrates technologies from multiple fields such as artificial intelligence and electronic communication, and is the core driving force for the intelligent transformation of the global automotive industry. At the same time, it has profoundly changed the way people travel. In the face of this trend of industrial transformation, in recent years, traditional automobile powers such as the United States, Germany, and Japan have successively promoted relevant legislation, and China has also made achievements in promoting the construction of the rule of law in the field of autonomous driving. Among them, the revision of the Road Traffic Safety Law has been included in the first category of the legislative plan of the 14th National People's Congress Standing Committee. In recent years, the national level has successively issued policy documents such as the "Notice on Carrying out Pilot Work for Intelligent Connected Vehicles Access and Road Traffic" and the "Work Plan for Stable Growth of the Automotive Industry (2025-2026)", clarifying core requirements for autonomous driving pilot standards, production access, etc. Beijing, Shenzhen and other places have also formulated local regulations and normative documents to regulate matters such as autonomous vehicle testing, road traffic, and responsibility allocation. Although China has made positive progress in the legalization of autonomous driving, there are still many challenges in the process, mainly reflected in the following four aspects. Firstly, the admission permit system is not sound. At present, the admission and road traffic of L3 level autonomous driving vehicles are still in the pilot stage. Although there are relevant policies and regulations providing preliminary legal support, and relevant departments are also promoting the formulation of standards and granting production access permits to L3 level vehicles that meet the conditions, higher-level laws such as the Road Traffic Safety Law have not been revised, making it difficult to meet the scale application needs of L3 and above level autonomous driving vehicles, which has become a bottleneck for industrial development. Secondly, the definition of liability for traffic accidents is unclear. The current traffic accident liability determination is mainly based on human drivers, and high-level autonomous driving has the characteristic of no human control, breaking the existing liability determination rules. The traditional attribution mechanism is difficult to adapt to the resolution of new types of harm disputes. The division of rights and responsibilities among producers, operators, users, and other parties lacks clear legal basis, and there are institutional barriers to protecting the rights and interests of victims and resolving disputes. Thirdly, the emergency response mechanism is not sound. When autonomous vehicles encounter sudden situations such as system failures and perception failures, there is a lack of unified and standardized emergency response standards and on-site disposal procedures. The departmental collaborative linkage mechanism and emergency rescue operation guidelines have not yet been elevated to the legislative level, and cannot meet the needs of large-scale applications. The fourth issue is the urgent need to improve data governance rules. Autonomous vehicles collect and generate a large amount of data during operation, involving multiple parties such as operating companies and car owners. In practice, the retrieval, processing, and utilization of relevant data are not yet smooth, and these data are directly related to personal privacy. Once leaked or abused, it may endanger traffic safety, network security, and personal information protection. The outline of the 15th Five Year Plan clearly proposes to seize the historical opportunity of the new round of technological revolution and industrial transformation, seize the high ground of scientific and technological development, and promote the deep integration of scientific and technological innovation and industrial innovation. Faced with the trend of intelligent transformation in the automotive industry, it is necessary to accelerate the construction of the rule of law, coordinate the innovation of autonomous driving technology, industrial development, and operational safety. Firstly, establish a sound admission permit system. To summarize the experience of admission pilot programs, promote national level legislation, improve rules for road traffic safety risk assessment, and accelerate the implementation of national and industry standards. In response to the needs of new security risk prevention and industrial development, we will establish a system connection between pilot projects and large-scale applications, and clear obstacles for L3 and above level vehicles to legally enter the road. Secondly, clarify the rules for determining accident liability. The responsibility subject and accountability mechanism for autonomous driving accidents should be stipulated in the Road Traffic Safety Law, and the principles of responsibility allocation and attribution should be coordinated based on the characteristics of vehicle control rights transfer. The system of compulsory traffic insurance and rescue funds should be improved to protect the legitimate rights and interests of traffic participants in accordance with the law, smooth the channels for victim rescue, and resolve conflicts and disputes in a timely manner. Once again, improve the emergency response mechanism. We need to accelerate the development of national standards for emergency response to faults in autonomous driving vehicles and on-site disposal process rules, clarify the collaborative rights and responsibilities of relevant parties through legislation, refine operational norms for towing and traffic diversion of faulty vehicles, and provide legal guarantees for subsequent large-scale applications. Finally, establish a standardized and efficient data governance mechanism. We need to strengthen the construction of network and data security systems, and standardize the processing and utilization of autonomous driving data. Clarify data ownership and usage rules, establish a data classification and grading management mechanism, achieve a balance between data utilization, privacy protection, and public safety, and enhance public confidence in autonomous driving technology. At the same time, we should actively participate in the formulation of international rules and enhance China's international discourse and influence in the field of autonomous driving. (New Press) (Author Feng Weiran, Deputy Director of the Traffic Safety Teaching and Research Office at the School of Traffic Management, People's Public Security University of China)

Edit:Yiyi    Responsible editor:Jiajia

Source:legaldaily

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