Study On The Criminal Liability Of Traffic Injury Caused By Autonomous Vehicle

Autonomous vehicle is a subversive technology rising in recent years.Its appearance has completely changed people’s travel mode and brought many conveniences.At the same time,it has also brought new problems about the determination of criminal liability after the harm caused by autonomous traffic.Based on the current development of autonomous driving technology,combined with the actual legal situation in China,and referring to the inspiration provided by global traffic harm cases,this article uses literature analysis,case analysis,and interdisciplinary analysis methods to focus on the possible responsible parties in autonomous driving traffic harm and the criminal responsibility of relevant responsible parties.For users,distinguish between conditional automatic driving and complete automatic driving mode,discuss the duty of care when using autonomous vehicle,and draw the conclusion that they have the status of criminal subject.As the duty of care of users of autonomous vehicle continues to decrease,it is necessary to consider whether manufacturers and designers,as the "people behind" of autonomous vehicle,have the subject qualification.Based on the high dependence of autonomous vehicle on technology research and development and installation of technical supporting devices in road driving,and the respective duty of care that designers and manufacturers should perform,They may all become the subject of criminal responsibility and bear corresponding criminal responsibility.As a new driving mode different from traditional driving,automatic driving is an operating system controlled by auto drive system and user interaction.Whether autonomous vehicle can become a criminal subject is controversial.This article holds a negative view on this,because autonomous vehicle do not have the technology to obtain the dominant position,the significance of criminal law,the social ethical basis,and are not conducive to technological innovation.By distinguishing each subject of criminal responsibility and introducing relevant cases,based on the inspiration provided by the case analysis for the determination of criminal responsibility,it is demonstrated that under different subjective offenses and driving modes,users may constitute crimes such as intentional homicide and traffic accident,as well as their lack of criminal responsibility;Manufacturers and designers may be charged with product related crimes and crimes of endangering public safety through dangerous methods.Affirm the strict liability proposed by the academia,deny the possibility of manufacturers and designers committing traffic accident crimes,study the exemption of manufacturers in the case of users upgrading and degrading the auto drive system without permission,and demonstrate that the system designers are not responsible for criminal liability due to the intrusion of a third person.Consequently,this article proposes a method for the identification of criminal liability following traffic accidents caused by autonomous driving in China.