Research On Criminal Liability Of Traffic Accidents Caused By Autonomous Vehicles

The development of science and technology will often lead to the transformation of traditional industries,which is reflected in the birth of autopilot in the automotive field.Thanks to the intelligence of self driving cars,self driving cars are safer and more convenient than human driving,and the incidence of traffic accidents is also lower.However,if a traffic accident occurs on an autopilot vehicle,especially because of a traffic accident caused by an auto driving vehicle unilaterally,the criminal responsibility determination of the relevant subjects will be more complicated than the traditional vehicle,and the protection function of the criminal law will also face difficulties.The main criminal liability involved in such accidents includes the self driving car itself,designers,producers,sellers and users.However,due to the limitation of space,this article only focuses on the criminal responsibility of the three types of drivers,which are the most concerned automobile drivers,producers and users.The automatic driving system is a strong artificial intelligence.Whether it can be regarded as the main body of criminal responsibility,there are two viewpoints: affirmative and negative.Free will is the basis of criminal responsibility.Autopilot is difficult to have free will like human beings.The criminal justice activity will be in a predicament if the qualification of the criminal responsibility of autopilot car is granted.The current types of punishment in our country include: life penalty,free punishment,property punishment and qualification penalty,which are difficult to apply to autopilot cars,and the function of penalty is difficult to achieve.At the same time,if we recognize the principal position of the criminal responsibility of the self driving vehicle,we will also face the risk of other subjects transferring criminal responsibility.The current criminal law system of our country can regulate the intentional crime of manufacturers.This paper only makes a simple analysis,mainly violates the crime of producing and selling products that do not meet the safety standards.As for the producer’s negligent crime,the most important thing is to discuss its duty of care.The breach of duty of care is the premise of bearing the liability of negligence.At the same time,based on the need to encourage the development of the automatic driving vehicle,the permitted risk theory can be introduced to balance the relationship between the risk of automatic driving technologyand the manufacturer’s duty of care,and to make necessary restrictions on the obligations of the manufacturer.In view of the producer’s negligent crime,there is no suitable charge to be applied in the current criminal law system of our country.We can set up the major safety accident crime of artificial intelligence.When we punish it,we can consider applying the non penalty measures of occupational prohibition at the same time.The most likely way of voluntary crime by autopilot is to regard autopilot as a crime tool.At this point,there is no essential difference between users and traditional motorists,and the intentional crime of users is not special,so the focus of this article is still on the analysis of users’ negligence crime.The autonomy of autonomous driving determines that the user only has the obligation to take over and maintain and maintain under specific circumstances.He violates the duty of care,and the user assumes the criminal responsibility of negligent crime.At the same time,we should distinguish negligence from accident,overconfidence and indirect intention.Finally,the unit should be included in the subject of criminal responsibility of the crime of traffic accident.At the same time,the application situation should be limited,which only applies to the case where the unit is the user and there is no safety officer in the driver’s seat.In this paper,we hope to find a balance between automatic driving technology and legal interest protection by exploring the criminal liability of traffic accidents caused by autopilot,so as to achieve a win-win situation for promoting the development of automatic driving technology and protecting legal interests.