The Subject Of L3 Auto-driving Car Traffic Accident Crime Study

Based on the existing criminal Law norms,this thesis studies the problem of identifying the subject of traffic accident crime of L3 self-driving cars,and concludes that it is not necessary to create a new subject of traffic accident crime.L3 autonomous vehicle is the key node of automatic vehicle transformation,which is different from traditional manual driving and other autonomous vehicles.There are two modes: automatic driving and manual driving.Except for special cases,the manual driving mode directly convicts and punishes drivers according to the current Laws and regulations.In the automatic driving mode,because the system does not have the subject qualification,the subjects behind it,that is,producers and developers,appear in the research scope of traffic accident crime.By combing the criminal subject of traffic accident crime and the duty of care of other subjects,the criminal responsibility of producers and developers can be completely solved according to the current criminal Law and legal theory,and it is not necessary to bring it into the category of traffic accident subject.The duty of attention of producers and developers is to ensure that the product quality meets the national requirements,and it is considered that the crime of causing traffic accidents confuses the duty of paying attention to traffic safety and product safety.The negligence of automobile drivers due to improper supervision and management or violation of duty of care may constitute the crime of causing traffic accidents.This thesis consists of four parts.The first part defines the connotation and extension of the driving subject of L3 autonomous vehicles.This paper expounds the characteristics of international standards and China’s auto automation grading standards L0-L5 automation,compares the differences between L3 grade and other grades of auto-cars,and defines the characteristics of the driving subject of L3 grade auto-cars,as well as the driving tasks undertaken by the system and the driver respectively.The second part analyzes the criminal subject of the traffic accident crime under the automatic driving mode,focusing on the basic principle that the non-participants in transportation bear the responsibility for the traffic accident because of supervision negligence.This thesis analyzes the reasons why the autonomous driving system does not have the qualification of the subject of criminal responsibility,and theoretically explains whether drivers,producers,developers and autonomous driving systems can become the subjects of traffic accident crimes.In the third and fourth part,according to the characteristics of L3-Leve L self-driving cars,it analyzes whether the producers,developers and drivers have become the subjects of traffic accident crimes.First of all,combing the duty of care of producers,developers and drivers,it is considered that only drivers meet the subject requirements of traffic accident crime,other subjects can not become the subject of traffic accident crime,and their responsibilities can be solved according to the existing criminal Law.Finally,it analyzes the identification of the driver’s responsibility for traffic accidents under special circumstances,and the division of responsibilities when the system does not prompt to take over and the driver forcibly takes over.