Research On Criminal Liability In Cases Of Damages Caused By Driverless Car

After the occurrence of the cases of damages caused by driverless car,how to determine the subject of criminal liability and determine the criminal liability has become a difficult problem in judicial practice.In essence,behavior of damages caused by driverless car is a tort that driverless car causes a traffic accident on the road,causing serious injury or death,or causing heavy losses to public or private property.It is difficult to identify the criminal liability in cases of damages caused by driverless car due to the characteristics of autonomous driving,dependence on network and data,unpredictability of judgment and decision,and uncertainty of the subject.There are no relevant provisions on the subject status of criminal liability of driverless car in the current criminal law,and from the essential attribute,legal personality,freedom of will and the legitimacy of the application of penalty cannot give it the subject status of criminal liability.Therefore,we should turn our attention to the subject behind it on the basis of negating the subject status of criminal liability of driverless car.Developers,producers,sellers,users,hackers and third parties will be included in the scope of criminal liability in cases of damages caused by driverless car.As for the identification and distribution of the criminal liability in cases of damages caused by driverless car,we should analyze the criminal liability in cases of damages caused by driverless car under the influence of human factors and non-human factors,that is to say,according to the causality theory between the harmful behavior and the harmful result in criminal law,to determine whether the relevant subject should bear criminal liability.