| With the development of artificial intelligence in the ascending stage,the traditional human-centered vehicles in the automotive field are updated and iterated to the automatic driving vehicles dominated by the driving system.As a technological innovation product in the field of automobile under the background of artificial intelligence,automatic driving can not only optimize driving intelligence and improve driving safety,but also avoid all driving risks.The intelligent characteristics of automatic driving make the traditional criminal rules exposed the limitations in the identification of criminal responsibility when a major traffic accident occurs in the mode of automatic driving.For example,how should the programmer of the automatic driving system program when faced with the conflict of hedging obligations;Whether the automatic driving system is a strong artificial intelligence product and therefore is identified as a criminal subject qualification;How to determine the subjective state of mind of the relevant subjects in the process of identifying criminal responsibility;Whether automatic driving manufacturers should be held criminally liable for serious traffic accidents caused by product quality problems.Therefore,it is necessary to clarify the premise of the identification of responsibility for traffic accidents under the automatic driving mode,and further assign responsibility to the intentional and negligent crimes of different subjects.Before the distribution of criminal responsibility,it is necessary to make clear the programming principles of automatic driving programmers in the case of emergency avoidance.Our country does not recognize the emergency avoidance which takes the right to life as the object.Secondly,the main debate about the qualification of criminal subject is whether the automatic driving system has the qualification of criminal subject.No criminal subject identity on the basis of the automatic driving system,driving system " the people behind the criminal subject qualification",the driver and producers(including " programming " and " manufacturer"),and put into use in automatic research and development,production,as the cutting point,the stages of criminal responsibility allocation from different subjects.Thirdly,in the distribution of criminal responsibility,intentional crimes can be confirmed in accordance with the traditional principle of criminal imputability,but there are no pre-provisions on road traffic laws and regulations of automatic driving,so it is necessary to clarify the identification methods of criminal responsibility for negligent crimes of different subjects.Violation of duty of care is the core of the identification of negligent crime.Therefore,clarifying the content of duty of care of relevant subjects of automatic driving is the premise of the identification of criminal responsibility of automatic driving in the case of negligence.In the identification of manufacturer’s criminal liability based on negligence,the current criminal law lacks the regulation of manufacturer’s product negligent crime.By demonstrating the necessity and feasibility of the manufacturer’s criminal liability due to the negligent crime of automatic driving,the author imputes the manufacturer by adding the crime of artificial intelligence safety accident.Through the above demonstration,it is expected to prevent and resolve the criminal risks brought by automatic driving,and achieve the balance between the innovation of automatic driving technology and judicial determination. |
