Abstract Although the manufacturers liability, as a basis of remedy for liability of automatic driving accident, could play a dual role of responsibility deterrence and system incentive, it is clear that there are certain problems in this system that cannot fully respond to the challenges of automatic driving risks, neither in structure nor in function. The government could, through “assisting the implementation of tort law mechanism” and “strengthening the realization of tort law function”, participate in the remedy for liability of automatic driving accident, as well as set up detailed implementation mechanism around the abovementioned two patterns respectively. Out of instinctive vigilance against governmental intervention, it is still the top option for us to play the incentive role of manufacturers liability before it proves to be otherwise in the market. Nevertheless, before we have to play the role of government, we should set up relevant rules to restrict the spillover effect.
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