Research On Criminal Responsibility Of Traffic Accident Caused By Autonomous Driving

The rapid development of artificial intelligence technology and Internet technology has brought great changes to the automobile industry,and autonomous vehicles have been born in the automotive field.With the advancement and promotion of intelligent technology,autonomous vehicles will enter the daily life of the public and be widely used.Autonomous vehicles are more convenient and faster than traditional cars,but they are not absolutely safe.As a result of technological advancement,once a traffic accident occurs in an autonomous vehicle,it will be more complicated than traditional car accidents and bring greater risks of harm.The new subjects involved and new crime scenes produced by it have made it difficult to apply the charges in the traditional criminal law,and faced a greater dilemma when determining criminal responsibility.Due to the autonomy of autonomous vehicle system operation and the unpredictability of decision-making,it has increased the difficulty of prevention and control of crime risks and the investigation of criminal responsibility after causing serious harm.At present,there are no complete legal provisions on traffic accidents caused by autonomous vehicles,and the traditional criminal law has a dilemma in the regulation and determination of criminal responsibility.If we do not regulate the situation of serious traffic accidents,there will be greater risks,which cannot protect the life,health and property safety of most people,and cannot provide a good and stable environment for the development of artificial intelligence technology.in order to create a safer traffic environment and promote the progress of autonomous driving technology,how to deal with the challenges brought by traffic accidents of autonomous vehicles to conduct criminal law regulation and pursue criminal responsibility are urgent problems to be solved in the criminal law at present and in the future.This article is divided into four parts:The first part is to analyze the peculiarities of self-driving traffic accidents relative to traditional cars.The different levels of intelligence,autonomy and unpredictability of self-driving cars make the accident more complicated and the causes of the accident more diverse.Then,in the regulation of criminal law,we are faced with such difficulties as the complex subject of criminal responsibility,the difficulty in determining the subjective psychological state,and the confusion of causal relationship.The second part is to analyze the legitimacy of the investigation of the criminal responsibility for the traffic accident caused by the autonomous driving vehicle Mainly analyze from two parts of necessity and feasibility,First of all,from the point of view of necessity,this is because of a realistic requirement of frequent traffic accidents and serious infringement of legal interests.And that punishment is irreplaceable when facing traffic accidents.Secondly,it is also due to the lack of relevant legislation and legal loopholes in the current criminal law.Moreover,it meets the requirements of risk society theory,so it is feasible to pursue criminal responsibility.The third part analyzes the criminal liability of autonomous vehicle traffic accidents from the perspective of each subject of criminal liability.This paper analyzes the criminal liability in traffic accidents from the responsible bodies of developers,drivers,manufacturers and sellers,and hackers.They bear the responsibility for violating specific obligations and causing serious harm.The fourth part mainly discusses the idea of criminal law protection for autonomous vehicle traffic accidents.Before putting forward specific measures,the first clear criminal law principle is to maintain the modesty and foresight of criminal law,abide by the principle of legality.Secondly,the present criminal act which cannot be regulated by the present criminal law is proposed to amend the current crimes and add new crimes.Under certain circumstances,when the subject of the act commits a negligent crime,consider adding the crime of artificial intelligence major safety accident.Consider revising the crime of causing traffic accidents to include users as subjects of crime.Through the research and analysis of the regulation of the criminal law on traffic accidents of autonomous vehicles,it not only provides a safe environment for the innovation and development of autonomous driving technology,but also is of great significance to the prevention and control of risks of law protection and crime fighting.