‘Is human rights protection entering the fast lane?’ – deficiencies in, and prospects of China’s autonomous driving legislation

In recent years, China’s autonomous driving technology has achieved rapid advancement, placing it among the global leaders. Advanced Driver Systems (ADS) demonstrate tremendous potential to effectively reduce traffic accidents and casualties, playing a significant role in safeguarding fundamental human rights such as the right to life and health. To promote the standardised application and widespread adoption of autonomous vehicles, China has successively formulated and revised relevant laws and regulations. However, the existing legal framework still has several deficiencies, such as unclear attribution of liability, inadequate data processing rules, and the absence of legislation on intelligent safety for commercial vehicles, failing to fully adapt to the rapid technological development. Looking ahead, priority should be given to establishing a human rights-oriented legal framework for autonomous driving, clarifying attribution of liability for traffic accidents, improving data processing rules, and promoting the incorporation of active safety technologies in national mandatory standards to further strengthen the protection of citizens’ fundamental rights.