A Study Of Criminal Liability For Death,Injury And Danger Caused By Driverless Car

With the rapid development of modern society,the research and application of artificial intelligence are more and more thorough and extensive,and the driverless car is one of them.Although driverless cars can avoid traffic accidents to a great extent because of their intelligence and automaticity.It has reduced the demands on drivers and brought convenience to people’s lives,but it still has the potential to cause traffic accidents because of technical defects or sudden failures,such as injuries and deaths in driverless cars made by advanced international technology companies such as Google,Tesla and Uber.However,as far as our current criminal law is concerned,how to regulate driverless vehicles due to traffic accidents.However,there are many loopholes in causing death and injury,so it is necessary to analyze and study it and propose a perfect path to avoid the lag and limitation of criminal law.In the first chapter,the author briefly summarizes the concept and application of driverless automobile,points out that the development prospect of driverless automobile is great and the extension is only a matter of time.Secondly,in order to discuss the problem of driverless automobile classification at home and abroad,the paper limits the discussion to SAE-3 as "conditional self-driving ".The second chapter analyzes the doctrine of the plight of the criminal liability of the driverless automobile,first of all,puts forward that the principle of the criminal liability of the driverless automobile includes the principle of the criminal law humility,the principle of the law benefit protection and the principle of the responsibility doctrine,which means that the criminal law should be regarded as the last means to regulate the death and injury caused by the driverless automobile,and the principle of the legal interest protection means that the driverless automobile should be imputed to the death and injury caused by the driverless automobile because of the infringement of the citizen’s right to life and health or impute responsibility to unrelated persons.Secondly,in practice,taking the crime of traffic accident stipulated in Article 133 of the Criminal Law as the core,the author makes an in-depth analysis of the difficult problems when applying this crime to the identification of the death and injury caused by the driverless car,which is mainly divided into three aspects: first,the main body of the crime,which holds that the driverless system itself cannot be independent as the main body of responsibility because of its lack of identification and control ability,subjective crime,the inability to bear criminal responsibility and the inability to realize the function of punishment.The third chapter puts forward some suggestions for the improvement of the criminal law of driverless automobile causing death and injury.First,we should adhere to the three principles for the improvement of the criminal law.First,we should encourage the development of science and technology to balance the protection of personal rights and interests with the principle that the development space of driverless automobiles cannot be squeezed too strictly,we should give space appropriately,but we should take trial and error as the bottom line.Specific to the establishment of perfect criminal law.On the one hand,it is necessary to increase the legal duty of the passenger in the crime of traffic accident,so that it can be punished by the department for the crime of traffic accident when it is made and caused by the serious traffic accident,and also to increase the duty of the owner to maintain and check the safety of the vehicle regularly,and the user’s obligation to check the basic condition of the vehicle in advance;the other is to increase the behavior of the crime of dangerous driving,that is,the act of issuing the order of random driving or changing the hardware of the automobile without authorization,which can effectively make up the loophole of the crime of punishing the result of the crime;the third is to include the R & D of the driverless system in the main body of the crime of producing and selling the product which is not in accordance with the national standard,if the traffic of the driverless car is the cause of the accident The offence may be punished if the originator,the manufacturer,etc.fail to detect a system defect or a system defect in the course of design,manufacture or testing due to negligence,but believe that it can be avoided.