On Subjects Of Criminal Responsibility For Autonomous Vehicle Road Traffic Crimes

With the development of artificial intelligence,big data and 5G communication technology,the application of autonomous driving technology in the automotive field has become a reality.Auto-driving technology has subverted the traditional driving mode dominated by “driver control”,gradually shifting to “man-machine driving” mode and “unmanned driving” mode.While improving driving safety and convenience,it will also bring new problems.For example,when auto-driving car road traffic damage cause serious damage,who should bear criminal responsibility for this kind of road traffic damage,what kind of criminal responsibility it bears,and what is the basis.This paper attempts to solve the problem of subject of criminal responsibility of autonomous driving road traffic damage under the premise of balancing protection technology innovation and maintaining social legal benefits.This article is divided into the following parts: The first part discusses the operation principle and classification of autonomous vehicles,and determines the degree of automation of self-driving cars of different levels and the degree of involvement of relevant subjects in driving;the second part discusses the criminal liability of these subjects based on the causes of road traffic damage caused by different subjects under the background of automatic driving.It mainly analyzes the duty of care and criminals of drivers,passengers and self-driving car manufacturers under different driving modes or situations.This article believes that in the automatic driving mode,the driver does not need to bear any attention obligations due to the automation of the vehicle,but the new driving mode gives the driver a new duty of attention.At the same time,this article believes that due to the fact that the autonomous driving technology has not yet fully matured,it has given new attention obligations to the production and circulation stages of autonomous vehicle manufacturers.If the manufacturer fails to fulfill its reasonable duty of care,which leads to avoidable technical problems in the autonomous driving system and causes major traffic accidents,the manufacturer of the autonomous vehicle shall bear the criminal responsibility of the product;the third part discusses the disputed subject of automatic driving road traffic damage,and demonstrates whether autonomous vehicles can become the subject of criminal responsibility in the case of accidents caused by incorrect decisions made by the autonomous driving system beyond the programming scope.This paper believes that autonomous vehicles do not have the qualification to become criminally responsible.In this case,the car manufacturer should bear the criminal responsibility of the product;the fourth part discusses supporting legal support and puts forward suggestions for adjustments and amendments to the relevant legislation of China’s autonomous vehicles.