Criminal Responsibility Analysis Of Autonomous Vehicle Traffic Accidents In "L3" Mode

The rapid development of artificial intelligence technology will enable people to usher in the era of comprehensive artificial intelligence in the near future.The rapidly developing artificial intelligence technology has spread in all aspects of social life,and more and more industries have appeared in artificial intelligence.As an extension of artificial intelligence in the field of transportation,autonomous vehicles will replace human drivers as the main tool of transportation due to its high accuracy and safety performance.However,autonomous vehicles are not absolutely safe.As a type of artificial intelligence product,the autonomy of decision-making and the characteristics of deep learning of autonomous vehicles make their decision in the face of complex and changing traffic environment may be "unexpected".It is precisely because of the "unexpected" decisions made by autonomous vehicles that the traditional criminal law theory appears to be "inadequate" in identifying subjects and specific criminal responsibilities.Especially in the "L3" mode,there are situations where the human driver and the driving system convert the control of the car between the self-driving cars.Therefore,how to identify the appropriate subjects of criminal responsibility in the event of a traffic accident in autonomous vehicles and what specific criminal responsibilities should be borne by these subjects will become the issues that must be resolved in the era of artificial intelligence.This article will analyze these two issues.For the identification of criminal liability for autonomous vehicles,the first thing that needs to be demonstrated is the subject of liability in the event of an accident in an autonomous vehicle.The most important concern is the dispute over the subject of crime in autonomous vehicles.On the basis of negating the dominant position of autonomous vehicles,this article further analyzes the distribution of criminal responsibility of other criminal subjects behind autonomous vehicles.The focus of the debate is mainly on the following three points: attention to the content of the obligation,the application of strict liability,and causality Confirmation.Specifically,the following criminal liability allocation in this article will be analyzed one by one around the three subjects: human drivers,self-driving car manufacturers,manufacturers,and developers of autonomous driving systems.By defining the scope of the driver's duty of care and defining the derogatory nature of the driver's compulsory intervention when it is found that it may cause harmful results,the responsibility for the traffic accident is denied.For the manufacturers and manufacturers of self-driving cars,this article determines whetherthey are exempt from criminal liability by defining whether or not their obligations of attention are fulfilled at different time points before the production,delivery and after delivery of the self-driving cars.In addition,by applying the relatively strict liability principle to autonomous vehicle manufacturers and manufacturers,while regulating the product quality of manufacturers and manufacturers,it also avoids cracking down on scientific research workers' creative enthusiasm.In the end,this article proves that the designer of the autonomous driving system is exempted from criminal liability for the crime of traffic accident by demonstrating that the causal chain is broken.As one of the crystallization of artificial intelligence,autonomous driving technology has become the "darling" of major auto companies competing to chase.Technology development always coexists with risks.Therefore,the crime and identification of self-driving cars,especially those in the "transitional" "L3" mode,which lead to hazardous consequences such as traffic accidents in the process,and their identification have become the attention and urgent need of resolution in today's Chinese society ruled by law The problem.This article tries to find the inspiration for the identification of the criminal law of China 's autonomous vehicle related issues through the judgment of other countries on similar issues based on the actual development of autonomous driving vehicles,combining China 's criminal law and traditional criminal law theories,and using the criminal law of the artificial intelligence era Protect the personal,property and public safety of our citizens from "illegal violations" of autonomous vehicles.