Criminal Responsibility For Automatic Driving Traffic Accidents

Artificial intelligence has developed rapidly and brought great changes to society.As the most mature and widely applied field of artificial intelligence,automatic driving is a frequent occurrence in the field of artificial intelligence.How to divide the responsibility of automatic driving traffic accident and whether the automatic driving vehicle can have the main body of criminal responsibility has become a hot topic which the academia is eager to face and solve.The United States and Germany are relatively advanced in the legislation of automatic driving,and the relevant domestic legislation is in a blank state.There are conflicts and incompatibilities between the development of automatic driving and the legal norms.Especially,automatic driving brings difficulties in the application of traffic accident crime.The main reason is that the subject of crime has changed,the subjective aspects of identification difficulties,and the causal relationship is different.In the case of automatic driving,it is necessary to re-discuss the possible scope of the subject of liability for traffic accident crime.Users,owners,producers and developers may be the subject of responsibility,and the scope of different subjects at the automation level is different.As a strong artificial intelligence,the fully automatic driving vehicle has the possibility of becoming a criminal liability subject under certain conditions.Human factors and non-human factors should be divided into criminal liability respectively.Users and developers should bear criminal responsibility if they fail to fulfill their corresponding duty of care.Fully automatic driving vehicles may also bear criminal responsibilities in a special way because of their autonomous behavior.Finally,on the basic of imputation,we will conceive the specific responsibility of each subject.At present,the legal status of AI should be clarified as soon as possible,the relevant legal system of automatic driving should be constructed,the reasonable duty of care of users and producers should be stipulated,and the crime of traffic accidentcausing units should be added.With people as the center and law as the boundary,while maintaining the development of AI,it promotes the synchronous development of technology and behavior norms,further guarantees the legitimate rights of human beings,and promotes the common progress of law,human rights and intelligent society.