Automated Driving Risk And Criminal Regulation

Modern society is a risky society,and the application of artificial intelligence technology has exacerbated this risk.Driverless cars can be divided into two categories based on their ability to identify and control.Driverless vehicles in the weak artificial intelligence stage are essentially vehicles,and their criminal risks lie in intentional crimes committed by illegal use and negligent crimes caused by the failure of relevant subjects to fulfill their regulatory obligations.Driverless vehicles in the stage of strong artificial intelligence have undergone qualitative changes,and their criminal risk lies in committing crimes autonomously.Based on these risks,driverless crimes also show the characteristics of diversified ways,intelligent objects and concealment.Therefore,it is necessary for criminal law to regulate driverless crimes.Neither the driverless car in the weak artificial intelligence stage nor the driverless car in the strong artificial intelligence stage should become the subject of criminal responsibility,so there is no basis for imposing criminal punishment.The main dilemma of the criminal law on the regulation of unmanned driving lies in the weak artificial intelligence stage,the lack of prepositional norms,the choice of fault theory and the application of traffic crime,etc.,all bring different degrees of challenges to the criminal law regulation.The rational approach is to adhere to the principle of human interests first and moderately intervene in the development of driverless vehicles.Try to clarify the criminal responsibility of intentional crime and negligent crime under the situation of unmanned driving through the existing legal norms.At the legislative level,we should make appropriate adjustments to the crimes of causing traffic accidents,dangerous driving and infringing on computer information systems,so as to make the technology of unmanned driving safe and controllable.