On Criminal Responsibility Of Autonomous Vehicles Traffic Accident

Automatic driving technology has been fully proven that it has great advantages over human driving in terms of timeliness,accuracy,and safety.It can be seen that the development trend of automatic driving cars is highly consistent with the three goals of “order,safety and efficiency” pursued by the Road Traffic Safety Law,and the technical development requirements of automatic cars are always centered on solving “order,safety and efficiency”.With the popularization of self-driving cars,the definition of accident liability is an important issue.There are no laws in the world that have explicit provisions on this issue.The lethal accident caused by Tesla's automatic assistance in driving has caused widespread public concern about the issue.Although driverless cars themselves carry relatively large risks,their market prospects and social utility have inspired research and development interests in various countries,and many unmanned cars have been put into the market.In this case,the traffic accident should not be regarded as a permissible hazard,but should be investigated separately by the driver,automobile manufacturer,car dealer,driver assistance system developer,hackers or third parties,and other subjects have corresponding criminal liabilities in combination with the cause of the traffic accident.Driverless cars cannot be the subject of criminal responsibility because they do not possess personality traits.In this paper,the determination of criminal responsibility for traffic accidents in unmanned cars is carried out from the following aspects:First,the legal analysis.First of all,it analyzes the general measurement of social utility and major legal benefits in legal principles,and discusses the legal basis of criminal liability for driverless motor vehicle traffic accidents as a whole,and then compares and analyzes typical national criminal legislation's choice of social utility and major legal benefits,followed by analysis possible criminal subject in driverless car traffic accident.Second,specific analysis.From the producer,seller,driver assistance system designer's criminal liability in the driverless car traffic accident,and the driver's criminal responsibility in the non-fully automatic driverless car traffic accident,they are analyzed in turn.Third,summarize the full text.As China's current legal system does not have specific regulations on driverless vehicles,this article aims to discuss the possible criminal liability of the relevant criminal liability entities and establish them on the basis of current legal provisions.However,the current regulations are not perfect,and corresponding countermeasures have been put forward for the determination of criminal responsibility for traffic accidents in unmanned cars.