Research On Criminal Responsibility Under The Perspective Of Autonomous Driving Crime

With the development and application of autonomous driving technology and Internet of Things technology,cars equipped with autonomous driving system will form the main body of road transportation.The iterative upgrading of transportation tools will break the traditional criminal responsibility attribution mechanism of automobile crimes.The traditional liability theory may be difficult to explain the rationality of the existing criminal law application,and the existing criminal law system may face the risk of disability.For the purpose of promoting technological development and ensuring social security,we need to examine the shortcomings of the existing criminal responsibility system and fill the vacuum of criminal responsibility to cope with the accountability dilemma in the era of autonomous driving.In the face of the highly intelligent development trend of autonomous driving system,the "optimist" of the rule of law in the field of artificial intelligence or the "pessimist" can not deny the fact that —— human drivers are gradually giving up the right to control cars.The resulting legal knock-on effect is calling for the emergence of a new criminal responsibility,automatic driving system can be based on the algorithm independent driving behavior,but cannot provide corresponding punishment measures,even if the logic logically consistent,but ultimately the real penalty or natural persons and units,so the automatic driving system is not necessary to become the main body of crime.Compared with the traditional crimes,the autonomous driving crimes involve more subjects,the subjective crimes are more difficult to determine,and the causal relationship is more complex.The application of criminal law of "negligent joint crime" can better solve the problem of subject identification and responsibility distribution caused by negligent competition and cooperation in autonomous driving crime.Causality theory of "conditions","quite causality said" theory in automatic driving crime cannot provide enough theory support,objective attribution theory from whether the law is not allowed danger,whether the law is not allowed,meet the requirements of three classes effectively solve the facts of attribution attribution dilemma.The traditional criminal law charges have been difficult to properly evaluate new crimes,so it is necessary to change the charges or establish new charges.The traditional crimes involving driving behaviors include dangerous driving crimes and traffic accident crimes.The determination of improper driving behaviors in dangerous driving crimes needs to be adjusted.The driver’s duty of care should be linked to the development of autonomous driving technology,and the driver’s duty of care should be appropriately limited.The traditional penalty system also needs to be reformed,and the establishment of new penalty types will help to achieve the purpose of punishment.Traditional life punishment,freedom punishment,qualification punishment,and property punishment are difficult to effectively achieve the purpose of punishment.The establishment of new punishment should be based on the characteristics of autonomous driving technology,maximizing the purpose of crime prevention,and can establish additional penalty categories such as program damage,prohibition,rewriting,qualification punishment,and insurance liability.