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Events Recording Tools and Motor Liability Insurance in China : A Comparative Law Approach
마라노 피에르파올로,라찬 (罗璨) 원광대학교 한중관계연구원 2023 韓中關係硏究 Vol.9 No.2
Chinese drivers are increasingly using event recording tools. Chinese law provided a regulatory framework on Digital Video Recorders (DVR), which must be installed and used in commercial vehicles. This tool stimulates to drive safer and, therefore, is beneficial to the whole community. Moreover, it supports the assessment of liabilities in case of accidents and discourages fraud to insurers. Although a survey shows an overall favour in using DVR, several issues arose from DVR in China concerning the protection of personal information and privacy. Events Data Recorders (EDR) and black boxes are tools adopted in other jurisdictions to drive safer, identify liabilities and counteract the moral hazard in case of accidents. However, Chinese law is almost blank about these tools. The need to extend recording tools to other vehicles, i.e., those for private uses, including autonomous vehicles, suggests analyzing how other laws regulate EDR and black boxes. The Regulation (EU) 2019/2144 on EDR, issued by the European Union, and the Italian law on black boxes can provide much inspiration. Chinese legislators could benefit from these regulations for future reforms to fill gaps in the current legal framework. Also, insurers and customers could benefit from the additional services these tools allow, but some legal concerns need to be considered.
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