Research On Issues Related To The Crime Of Self-driving Cars Causing Traffic Accidents

Self-driving cars are mainly controlled by artificial intelligence,which is an automatic driving system.Its appearance has brought great convenience to our lives and greatly liberated people's hands.It can even reduce the occurrence of traffic accidents to a large extent.Some surveys have shown that up to 90% of car accidents are caused by human negligence,such as fatigue driving,lack of concentration,etc.,and autono-mous vehicles can avoid this to the greatest extent.One problem.There are three sta-ges of development for autonomous vehicles: conditional autonomous driving,highly autonomous driving,and fully autonomous driving.Some scholars have proposed that when autonomous vehicles develop to the level of fully autonomous driving,the crime of causing traffic accidents will no longer exist.But every technology,especially new technology,cannot be perfect.There are many cases of traffic accidents caused by self-driving cars at home and abroad.there is indeed a need for criminal penalties.However,the application of self-driving cars to the crime of traffic accidents faces probl-ems such as the absence of the subject and the unclear offense.Compared with ordin-ary motor vehicles,the biggest feature of self-driving cars is that they have a certain degree of autonomy.Autonomous driving can make independent decisions.The iden-tification of the cause of the accident,identification of the responsible party,subjective judgments,etc.will be very different from traditional traffic accident cases.As a typical negligent crime,the premise of assuming responsibility for the accident lies in the violation of the duty of care by the relevant subject.As the autonomous driving in-dustry in the emerging field,the duty of care that the relevant entities should have sh-ould be the obligation to avoid results rather than the general obligation to foresee res-ults.This article mainly analyzes the application of traffic accident crimes of autono-mous vehicles from the following three aspects: First,the main body responsible for the crime of traffic accidents of autonomous vehicles is absent,and the intervention of the autonomous driving system leads to uncertainty of the subject of traffic accident crimes.Therefore,in this article,we mainly analyze the criminally eligible subjects of the self-driving car traffic accident crime from three aspects: system,user,and manu-facturer.Secondly,it is difficult to determine the subjective aspects of the crimes of self-driving car traffic accidents.The subjective aspects of the crimes of traffic accidents are negligent.The judgment of whether the actors are at fault for the results of the traffic accident lies in whether they have violated the duty of care.In the case of driv-ing a car and traffic accident,we are faced with the problems of unclear content and unclear boundaries of the duty of care of each responsible subject.Therefore,it is nec-essary to clarify the nature and content of the duty of care of the two to determine wh-ether they need to be responsible for the traffic accident.The last problem lies in the i-dentification of escape behaviors of self-driving cars after hitting a traffic accident.U-nlike traditional escapes after hitting a traffic accident,the difficulty in identifying es-cape behaviors in the autonomous driving mode lies in the dislocation of the causing and escape subjects.The prerequisite for solving this problem is to clarify the respon-sible body of the traffic accident escape behavior.From the perspective of the user and the manufacturer,this article discusses the relationship between them and the esc-ape behavior and whether they need to be responsible for the escape behavior.In terms of the current level of technology,fully autonomous vehicles are only theoretically possible,while conditional autonomous driving and highly autonomous vehicles have the opportunity to be popularized in recent years,so this article mainly discusses conditional autonomous driving and highly autonomous driving In the two stages,based on the analysis of the responsibility of the subject of responsibility and the duty of care,and the introduction of the legal theory involved,it provides a theor-etical basis for the study of this issue.On the basis of this research,the following con-clusions are drawn on the identification of criminal liability for the crime of traffic ac-cidents in the automatic driving mode: in the conditional automatic driving mode,the user of the self-driving car,the driver,is still the first subject of responsibility,But the manufacturer with the fault behind it can also become the main body responsible for the crime of traffic accident;in the highly automated driving mode,the manufact-urer of the self-driving car should bear relatively strict liability to fill up the impossib-ility of liability due to the lack of subjective fault.Finally,the escape behavior of an autonomous vehicle after a traffic accident should be independently evaluated,and the rationality of the escape behavior independently convicted in the autonomous driving mode is discussed.In this way,we can better improve the application of the law and welcome the arrival of the era of autonomous driving.