| Autonomous driving is the vane of the development of artificial intelligence technology.Autonomous vehicles are the most representative products.It is foreseeable that in the near future,smart cars equipped with autonomous driving technology will be spread all over the world.However,it should also be noted that the current criminal law community has a vague and controversial determination of traffic accidents caused by self-driving cars.With the increasing trend of autonomous driving applications,we urgently need to apply existing theories and laws and regulations reasonably.In the traffic accidents caused by self-driving cars,at the same time make targeted legislation to seek the solution of traditional criminal law theory and crimes to the smart space,and explore the way law survives in the information age.This paper adopts the method of theoretical research,firstly gives the definition of automatic driving and passing crimes,and draws out the contradiction between it and the current laws and regulations.Then it establishes the subject of autonomy driving through the offense,subjective sin,causality Relationship;finally gave the legislative advice and enlightenment to deal with the era of automatic driving.Through the writing of this article,it is expected to be helpful in the handling of similar cases in the legislative direction and judicial practice.The total number of words in this article is about 24,000 words.In addition to the introduction,it is divided into five parts.Part ?: An overview of self-driving cars passing through the offense.First of all,the definition of "a new generation of cars that replace human driving" has been made for self-driving cars.The technical characteristics and development level of current autonomous driving are introduced,and it is concluded that the technology still has many technical defects for a period of time.A basic fact.Then,by introducing the traffic accidents caused by the self-driving cars of Google and Uber,there are three classifications for the reasons for the autonomous driving to pay the offense: that is,due to the improper intervention of the driver due to the automatic driving system itself.And due to improper operation of the driver.Finally,on the impact of the auto-driving car traffic accident on the current criminal law,three aspects are extracted: one is that the main body of the crime is not clear,and the other is due to the deep learning of the autopilot system,the characteristics of independent decision-making and the intelligent classification.Subjective sin judging criteria are not uniform,and the third is the particularity of judging causality in auto-driving car traffic.The second part: automatic driving is passed through the subject of the offense.Reinventing the concept of “driver”,it is divided into three types: driver,autopilot and provider of autonomous driving system services.First of all,as far as the human driver is concerned,through the introduction of the five-level classification system,taking the duty of care as the starting point,the driver is divided into "occupation personnel" and "driver",and the driver is assumed to bear criminal responsibility at all levels.A conclusion.Then,the author discusses the subject qualification of the autopilot system service provider,and negates the possibility of criminal liability for product criminal liability with the characteristics of deep learning and self-determination of artificial intelligence.It is based on the Daojiao Law and its interpretation.The provider also has the same driving duty of care,and combines the judicial interpretation of the relevant traffic accidents to make the instructions issued by the automatic driving system to be equivalent to the “strong order,instigation”,thus affirming the subject qualification of the traffic accident.Finally,the criminal subject qualification of the autopilot itself is denied from the characteristics of the auto-driving system "object",crime enforcement behavior and criminal punishment.The third part: the guilty determination of automatic driving damage.First of all,pointing out the defects and shortcomings of the current crime of passing the crime,in the automatic driving classification mode,as the driving obligation is gradually transferred to the system,the duty of the person can not be the sole criterion for the crime;in addition,in the automatic driving environment,the person is right The car condition,the physical condition,and the duty of care during the driving process have fundamentally changed.It is not feasible to follow a single standard.Then introduce the concept of risk criminal law,think that we should balance efficiency and social development,and make appropriate concessions for the development of technology.Next,we discuss the advantages and disadvantages of several attention obligations,through the general law of social development and autonomous driving.The nature of traffic negligence establishes the dominant position of the new negligence theory centered on the result avoidance obligation in the development of autonomous driving technology.Finally,based on the result avoidance obligation,the specific rules of automatic driving through the misunderstanding are discussed,which limits the scope of the new negligence theory and introduces the provider's exemption mechanism.The fourth part: automatic driving through the judgment of causality of the offense.Since the auto-driving car traffic accident usually has the characteristics of “black box” and “initiative”,the author believes that the judgment of causality should adopt the method of subjective attribution,based on whether the relevant responsible subject has fulfilled the reasonable duty of care.And according to the degree of intelligence,the self-driving cars are divided into three types: L1,L2,L3,L4,and L5.The fifth part: research enlightenment.This paper advocates that the criminal law should adhere to the priority of interpretation,establish a data-saving system for self-driving cars,and improve the relevant regulations and regulations for automatic driving. |
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