关键词: 自动驾驶; 事故责任; 正义分配; 语境主义; 善的社会意义

Abstract: According to contextualist justice theory， the different social contexts faced by the liability for automatic driving traffic accidents determine their varying social significance， which in turn determines that the allocation of liability for automatic driving traffic accidents should be based on differential principles. The principle of differential allocation is composed of the first principle and the second principle， with the first principle dominating the second principle. The first principle advocates against using overly severe punitive measures and instead promotes a moderate tolerant principle. It also discourages relying solely on a retrospective enforcement principle and suggests adopting a combination of proactive warning and retrospective enforcement principles. The second principle includes the symmetrical allocation principle for automatic driving system， the appropriateness allocation principle for manufacturers， the reductive allocation principle for car owners， the shared allocation principle for passengers， the inclusive allocation principle for pedestrians， and the bottom covering allocation principle for the government. The liability allocation community consists of six entities including manufacturers and is responsible for the allocation of responsibilities. Through negotiated implementation of differential principles， it achieves a fair allocation of liability for automatic driving traffic accidents.

Key words: automatic driving; accident liability; justice allocation; contextualism; social significance of goodness