The Criminal Liability Of Design Errors For Automatic Vehicles

Once the autopilot was launched,it gained widespread attention from the state and business tycoons.Although the safety of autopilot cars is higher than that of ordinary cars,traffic accidents are inevitable.In the existing automatic driving vehicle accidents,the decision-making errors in the internal system of automobiles are the main factors besides the improper operation of the drivers themselves.In view of this,the author tries to discuss the criminal liability problem of the decision making error of the autopilot car,in order to clarify the criminal liability bearing problem under the traffic accident situation based on the systematic wrong decision.In this paper,the responsibility of the decision making errors of the autopilot car focuses on two aspects:the first is the identification of the criminal responsibility caused by the autonomous decision-making system under the deep learning.As a tool type artificial intelligence,the automatic driving system does not possess human rationality.If it is modeled as a legal subject,it does not have legal benefits,so it can only be regulated as a special "product" as a legal object.The qualification of the automatic driving system as the subject of criminal responsibility should be denied.The second is the criminal responsibility of system designer caused by system design error.First of all,the criminal legislation should be revised to recognize the criminal responsibility subject qualification of the system designer.Secondly,the system designer should not be overburdened.The author adopts the theory of correcting criminal negligence,and takes the result avoidance obligation as the judgment standard of designer's criminal responsibility.In addition,the author adopts the theory of hypothetical causality,and judges the relevance between the system designer who performs the obligation of result avoidance and the traffic accident by assuming the conformity of the obligation of result avoidance.Only when the degree of violation of the obligation of result avoidance seriously exceeds the risk boundary that can be tolerated by the criminal law,can the causality between the system designer and the traffic accident be affirmed.In the early stage of market development,system designers are mainly restricted by professional technical specifications and legal specifications.After solving the above prepositional problem,the author focuses on the criminal liability commitment of the automatic driving system designer based on the above specifications.In addition,the author rebuilt the relevant criminal liability system.The ethical principles of autopilot are used to clarify the system handling problems under the tram problem.The "black box" technology is used to clarify the criminal liability problem under the criminal intent coupling mode,and the compulsory insurance compensation system is used to clarify the problem of compensation for insurances that traditional insurance can not solve in the Perspective of autopilot.In view of the above,the criminal liability of the automatic driving system designer can be effectively solved.