The Research On Criminal Liability Of Traffic Accident Caused By Automated Vehicles

With the advent of artificial intelligence era,and intelligent car will probably be the popularized first in our daily life.Although intelligent car can improve driving safety and transportation convenience,its danger is inevitable.When intelligent automobiles cause great damage in automatic driving,the traditional criminal law and criminal responsibility rules centered on human behavior expose limitations in the identification of criminal responsibility,and it is difficult to clarify who should take the rap.The first chapter of the article,as a preface,briefly enumerates the traffic accident cases of auto-driving in recent years.The second chapter introduces the typical case--Uber automatic driving case,and comprehensively analyzes the criminal responsibility of the relevant person in this case;The third chapter mainly discusses the current situation and predicament of the criminal responsibility distribution of auto-driving traffic accidents.The current situation is divided into two parts:the domestic policies and the automatic classification of automatic driving vehicles.There are four main difficulties:the lack of relevant legislation,the main body of crime,the shift of duty of care and the confusion of cause and effect.The fourth chapter focuses on the four ways to discuss the criminal liability path of auto driving vehicle traffic accident:Firstly,to improve the related legislation of automatic driving technology;Secondly,to identify the subject of automatic driving accident,in the mode of auxiliary driving vehicle,we should look for the main body of responsibility between the driver and the automobile manufacturer,and in the mode of fully automatic driving vehicle,the automobile manufacturer should bear the criminal responsibility as the behavior subject;Thirdly,to clear the duty of care of the relevant subjects,and explain it from the three aspects between manufacturers,users and managers;Fourthly,to determine the causal relationship between the responsibility subject and the result of the crime.