Application Of Supervisory Negligence Theory In Automatic Driving

With rapid development of artificial intelligence and Internet technology,it's possible for autonomous vehicles to be on the road.In the meanwhile,the identification of traffic offence under autonomous driving technology has gradually comes into the field of criminal law research.Under the traditional driving mode,the automobile is only a driving tool operated and controlled by the actor.Thus,it is undisputed for the actor to bear the corresponding legal responsibility for the harmful consequences caused during driving.However,this situation has been obviously changed with the application of autopilot system.Under the autopilot mode,the actor transfers the driving authority to the autopilot system,making the car a "driver" in the actual control.At this time,the actor is more like a "passenger" in the vehicle.With the emergence of autonomous driving technology,the single pattern of manual driving has been changed,which leads to various difficulties in the identification of traffic offence.There is certain limitation for traditional criminal negligence theory in dealing with above problems.By comparison,the theory of supervisory negligence focuses more on the extent to which the supervisor is held responsible.Because of the intervening factor of the supervised,the theory of supervisory negligence is particular in the specific identification of the criminal constitution,which could solve the difficulties of traffic offence identification with autonomous vehicles.Therefore,starting from the relevant concepts of autonomous vehicle,this paper analyzes the existing problems in the identification of traffic offence under autonomous driving technology.By reviewing the theory of supervisory negligence,the feasibility of the conviction to traffic offence under autonomous driving circumstance is obtained.Furthermore,in order to clarify the scope and boundary of the identification of traffic offence under automatic driving,this paper makes a concrete analysis on the execution behavior,causality and subjective negligence of traffic offence.The main body of this paper consists of three parts: the problems in the identification of traffic offence under automatic driving,the feasibility of applying supervisory negligence theory,and the specific analysis to the identification of traffic offence:The first part comes up with the question,that is,whether there is still with traffic offence under the autonomous driving technology and the specific problems in the identification process.Firstly,the definition and classification standards of autonomous vehicle in the context of China are clarified.Then,this paper summarizes the legislative response to autonomous vehicle in different countries,introducing the representative German legislation and the current regulation of test vehicles in China.The legislation in different countries also provides a basis for further discussion on the identification of traffic offence in the field of criminal law.Finally,it emphatically discussed the problems of determining the traffic offence under automatic driving circumstance,mainly including whether could to blame the actor or not,how to define the act of execution,how to judge causality and how to identify subjective fault.The second part is the problem solving.The paper proposes that the theory of supervisory negligence can be applied to solve the identification of traffic offence under automatic driving circumstance.By reviewing the definition,characteristics,constitution and other aspects of the theory of supervisory negligence,it demonstrates the feasibility of applying the theory of supervisory negligence under autonomous driving technology,which is from the theoretical basis of blaming the driver under autonomous driving.It is also the author's opinion that the theory of supervisory negligence accords with the identification of traffic offence: it conforms to the purpose of risk criminal law,conforms to the requirement of dangerous business,and exists supervisors and the supervised.The third part is the further study of problem.The paper particularly analyzes how to identify traffic offence by application of the theory of supervisory negligence.Combining with the theory of supervisory negligence,it makes a concrete analysis to the three aspects of execution behavior,causality and subjective negligence.Besides,in terms of subjective negligence,the author intends to define the actor's supervisory duty under autonomous driving circumstance from the standpoint of new negligence theory and objective imputation theory.With the combination of theory and practice,it's hoped to clarify the scope and boundary of the identification of traffic offence by this paper on the premise of affirming the necessity of convicting traffic accident crime under automatic driving,so as to contribute to the study of criminal liability in the age of artificial intelligence.