Criminal Law Research On Traffic Accident Caused By Autonomous Vehicle

Nowadays,the automatic driving vehicle will become the key to the safe operation of intelligent transportation.Autopilot is not absolutely safe.When faced with complex and changeable traffic environment,it may be based on deep learning to make legal,goodwill and legitimate decision that does not accord with the designer’s expectation,which will lead to the result of road traffic injury,and this series of decisions made through deep learning process are unpredictable.Therefore,how to deal with the challenges caused by the auto driving vehicle road traffic injury crime to the traditional criminal responsibility identification has become a problem to be solved in the criminal law at present and in the future.First,the classification and development of automatic driving and the last section of chapter one puts forward the challenges posed by the automatic vehicle traffic injury to the criminal law.The second part analyzes the duty of care of traffic accidents caused by autonomous vehicles,started from controversy.The third part mainly analyzes the main body responsible for traffic accidents of autopilot,negates the main position of autopilot cars,and puts forward the responsibility of designers,manufacturers,sellers and users of automatic driving vehicles.The last part puts forward the suggestion of regulating autopilot.In order to determine what kind of duty of care and the distribution of duty of care exist in similar cases,this chapter first discusses the nature of the duty of care,and discusses the theoretical disputes on the duty of care in negligent crimes.Then it discusses the origin duty of care for the self-driving vehicle,and finally puts forward the obstruction of the duty of care for the self-driving vehicle.In autopilot,most of the time is driven by the automatic driving system and the users.Although it looks like a cooperative relationship,in essence,the original intention of designing a self driving car is to use it as a tool to help people’s daily life.In traditional cars,drivers should take the initiative,so it is generally the driver and the third party who bear the criminal responsibility of traffic accidents.Since the system drivers in the autopilot system do not need to control the vehicle at all times,if there is a dangerous situation,if a person wants to take over the car and the system fails,it will take the responsibility of the person behind the autopilot to shoulder the responsibility of distribution.The criminal law punishes crime of intentional as the principle,and negligent crime as the exception.Only when the criminal law clearly stipulates,can we determine the distribution of duty of care and responsibility between the subjects of negligent crime.From the vehicle entity to the operation of software and hardware,there is the support of the main body behind it.The main body involved in each link may cause traffic accidents due to the failure to fulfill their obligations careful ly.Therefore,any link of self-driving production,research and development,sales,use and testing requires relevant subjects to concern.State should pre frame the national standard of self-driving quality to facilitate the compliance and implementation of enterprises.