The Predicament And Countermeasures Of The Identification Of The Subject Of Criminal Responsibility For Autonomous Vehicle Traffic Accidents

Self-driving cars are self-driving cars that are conditionally automated in the"human-machine co-driving" mode,and are the transitional stage of the transition from self-driving cars to unmanned cars.The main feature of autonomous vehicles at this stage is that the autonomous driving system controls the main dynamic driving tasks,and the driver is in a secondary position to take over the driving tasks.Therefore,when the autonomous vehicle causes a traffic accident,it will lead to the dilemma of identifying the subject of criminal responsibility.This article Research this.First of all,this article analyzes the actual dilemma of the identification of the responsible subject caused by the traditional traffic accident criminal responsibility subject in the traffic accident caused by the self-driving car,and believes that there is currently a traffic accident caused by the self-driving car.The real dilemma of the alienation of the identification of the driver’s criminal responsibility and the pluralism of its subjects.The author believes that the harmfulness of the driver’s behavior and the irresponsibility of subjective fault,the certainty of the identification of the responsible subject,and the break of the causal relationship between the behavior of the responsible subject and the harm result have brought difficulties to the identification of the subject of criminal responsibility for autonomous vehicles.Secondly,the author analyzes the real dilemma,and through the analysis of the characteristics of autonomous vehicles to perform driving tasks-the diversity of the participants and the collaboration of the completion of the driving tasks,it is found that the autonomous driving system occupies the leading position in the operation of the driving task of autonomous vehicles The driver gradually becomes a passenger,the status of the driver’s main body of action has changed,and my country’s current denial of the theory of joint negligence in practice is the underlying reason for its existence.The author believes that the main reason for the dilemma of identifying the subject of criminal responsibility for autonomous driving traffic accidents is the change in the status of drivers.Autonomous driving technology is an emerging technology that accomplishes dynamic driving tasks through the collaboration of sensors,radar detectors,algorithm code input,and appropriate human intervention by the driver.Under this circumstance,the driver’s dominant position has changed.When the autonomous driving system requires driver intervention and assistance,there will be a time interval when the driving right is transferred to the driver,resulting in a "blank period" for the transfer of driving rights.This leads to the dilemma of identifying the subject of criminal responsibility for autonomous driving traffic accidents.Thirdly,this article uses the content of the duty of care in the duty of care,the basis for the distribution of duty of care,and the basic theory of attention ability to assign the duty of care of the driver and other subjects of the self-driving car,so as to solve the responsibility for the traffic accident caused by the self-driving car.The dilemma of subject identification.Finally,on the basis of the previous discussion,the author assigns the duty of care of all parties involved in the development of autonomous driving systems and the execution of dynamic driving tasks of autonomous vehicles,so as to trigger traffic in the "human-machine mutual driving" mode of autonomous driving.The subject of criminal responsibility for the incident is difficult to identify and offer advice.For example,the driver of an autonomous vehicle shall have the duty of care to check the operation of the autonomous driving system when starting the autonomous vehicle,and the input of the algorithm code shall be obliged to input the correct code and add redundant codes to the autonomous driving system.The system manufacturer the obligation to monitor the status of the driver during driving,and the obligation of the seller of autonomous vehicles to review the qualifications of the buyers of autonomous vehicles,etc.