A Forefront Study On The Related Criminal Law Of Driverless Cars

The rapid development of computer and Internet technology to automobile industry has brought the revolutionary change,auto intelligent technology is gradually used widely,this trend has made unmanned vehicle into public life.Development of driverless cars tend to be more mature,more and more successful experiment data and foreign legislation about driverless cars,let's see,the use of the driverless cars in the future prospects of this new technology will be put into practice in the future.This process of the development of artificial intelligence is the social demand for scientific and technological progress,but in China there is no relevant laws and regulations about driverless cars.It's an urgent need to solve the legal issues of driverless cars from research and development to be put into use.This paper consists of five parts,about 32,000 words,and its main contents are summarized as follows:The first part is about the definition and development of driverless cars.This part introduces the definition and classification of driverless cars,introduces the development history of the driverless cars abroad and the development status of driverless cars in China.The second part of this paper mainly introduces foreign relevant legislation situation of driverless cars,especially mainly introduced the laws and regulations about experimental driverless cars and provisional legislation in U.S.A.Meanwhile the lack of laws and regulations in the practical application are analyzed.In addition,based on the present development situation of driverless cars in our country and future planning,the future development of self-driving car industry in our country has been analyzed,thereby the necessity and urgency of driverless cars legislation in China has been discussed.The third part of the thesis mainly analyzes the criminal law of intellectual property which the driverless car may involve in its research and development stage.This part firstly analyzes the particularity of the intellectual property object of the driverless car.Through the analysis of relevant technical specifications,the object of intellectual property protection in the field of driverless cars is clarified.In view of the particularity of the intellectual property object involved in driverless cars,the problem of criminal law subject and responsibility division in this field is discussed.In the fourth part of the paper,the relevant criminal legal problems that unmanned vehicles use stage could meet are analyzed,and the solutions of the criminal law problem has been put forward: one is to adjust the existing legislation applicable to unmanned vehicles use.Traffic accident crime's subjective fault,liability subject and scope,constitutive requirements were analyzed,and then compare the involved factors of the unmanned cars respectively with constitutive requirements of crime,putting forward the basis of using the accusation to regulate the criminal legal issues related with driverless cars.The second is to regulate the traffic accident of driverless cars by using the new crime.First of all,the paper analyzes the driverless cars involved parties responsibility main body,responsibility scope and responsibility ability.On the basis of this analyses the feasibility of this idea,and then to set up new crime subjective aspect of the constitutive requirements,discusses the different fault theory,and analysis under the different theories for this crime constitutes,the influence of the final on its involving sentencing rules are discussed in this paper.The fifth part analysis the influence of civil compensation for criminal responsibility,from the perspective of the historical development of the relationship between criminal liability and civil liability and the social function of the criminal law.