智慧駕駛的法學思辨──自動駕駛法學的試車之旅

Speculation about Autonomous Driving from Legal Aspect－the Test Drive of Self-Driving Law

本文旨在探討AI時代下，車輛結合數位系統逐漸形成的自動化駕駛與車輛數位聯網之所謂「智慧駕駛系統」的法制因應與調和，並省思其法治課題。論述脈絡及思維路徑先從「智慧駕駛與法律規範」切入，探討事實與規範之間關聯的基本課題，指出科技發展與法律規範未必合拍的鴻溝現象，提醒比較法可能發生的誤差。其次，分析「智慧駕駛的規範思維與問題層次」，強調「上路」與「責任」兩種不同的思維層次，前者尤為關鍵，並由此點出數據與組織的共通問題。在此基礎下，本文進一步探討「智慧駕駛的法制基礎與責任體系」，檢視現行法制的特徵要素及面對數位轉型的因應之道。最後，反思「智慧駕駛與人性尊嚴」的規範關聯和「AI無所不在人的所在」的人文底蘊。

This article explores the responses and adjustments adapted by the legal system to cope with the autonomous vehicle system formed by the self-driving and vehicle-to-everything (V2X) technology; meanwhile, to bring reflexivity to this topic from a legal perspective. The main argument is illustrated first from ‘autonomous driving and regulations’ and investigates the relationships between facts and rules in this topic, which indicates a significant gap between technology development and law and reminds the possible error when applying a comparative law approach. Secondly, this article analyses the regulatory thinking and problems for self-driving and highlights the differences between ‘regulations before on-road’ and ‘responsibility afterwards’. The former has been emphasised especially in this article since it functions as the premise of the latter. The common issues of data and organisations have also been identified in this section. This article further explores the legal foundation and responsibility for autonomous vehicles based on the foundation of prior discussions, examines the main features of current regulations, and tries to find a way to deal with the digital transformation trend. This article brings the reflexivity in the end, focusing on the regulative relations between autonomous driving technology and human dignity, and concludes with the inherent humanity connotation of the idea ‘AI exists wherever humans exist.’