The Research On Criminal Liability Of Traffic Accident Caused By Automated Vehicles

According to the degree of automation,automated vehicles can be divided into three different categories: assistant automated vehicles,advanced automated vehicles and fully automated vehicles.Automated driving is a top technology that countries compete to develop,but it is not 100% safe.In fact,current automated vehicles have been involved in several accidents,which causing casualties and property losses.Automated vehicles traffic accidents have had already happened around us.The criminal liability of automated vehicles in traffic accident should be studied by combining different categories of them.Assistant automated vehicles lack restricted free will,and the ability to recognize and control behavior,so they cannot be qualified as criminal subjects.The producers and operators of assistant automated vehicles cannot interfere with the driving of vehicles,thus they cannot become the subject of facts.In fact,the driving of assistant automated vehicles are performed by driver,driver is the only criminal subject.The act of assisting automated vehicles in traffic accidents is facing disappearance,however,the principle of "no act,no crime" should not be broken through.Understanding act at a substantive level can solve this problem.Criminal subjects of advanced automated vehicles traffic accident face the dilemma of diversification,Scholars have put forward many theories like Product responsibility,operator,assistant driver,vehicle,producers and users.Operators should be the criminal subjects,which includes producer and administrator of advanced automated vehicles and assistant drivers.Advanced automated vehicles themselves cannot become criminal subjects.Brand new criminal subjects bring brand new duty of care.Result avoidance is the essence of duty of care,at the same time,the set up of duty of care should be avoided of excoriating to operators.Fully automated vehicles traffic accident has increase a new criminal subject for criminal law.Drivers,producers and operators are unable to control the driving of fully automated vehicles.As a kind of strong artificial intelligence body,fully automated vehicles would become the only criminal subject.In order to pursue the criminal liability of traffic accident,special methods,which include fine and permanent destroy,should be designed for the fully automated vehicles.