| Big data and machine learning technologies are becoming increasingly sophisticated and artificial intelligence is being used in a wide range of industries.In L3 autonomous driving,the driver’s position is fundamentally changed and some control is transferred to the system.As a result,the issue of criminal liability in the event of a traffic accident involving an L3 autonomous vehicle needs to be addressed urgently.This paper has four parts in addition to an introduction.Part 1 "Level 3 autonomous vehicles particularity".There are six levels of selfdriving cars in China,L0-L5,and L3 level self-driving cars are in the transitional stage of self-driving cars,with L3 level being the watershed for whether driver assistance is required and whether the driver is required to detect and respond to events.This specificity has important implications for criminal liability.Domestic and international legal norms attempt to provide an institutional response to the issues raised by selfdriving cars.Part 2 "The Dilemma of Criminal Liability for the Crime of Traffic Accidents in Level 3 Autonomous Vehicles".Compared with traditional automobiles,L3 autonomous vehicles have a greater impact on the main theory of criminal law,negligence determination,and causation determination.In Level 3 autonomous driving,the driver’s position is reset,and when a traffic accident occurs,there is a risk that the subject of criminal responsibility will be blank;There are difficulties in determining the negligence of the user and manufacturer;The causal link between the act and the damage is even more difficult to establish.Part 3 "the judicial status quo of the criminal liability of the crime of traffic accident caused by L3 level autonomous vehicle".By sorting out typical cases and domestic and foreign legal norms,it can be found that there are difficulties in the identification of criminal responsibility of autonomous vehicles at present,which also lays a foundation for the analysis of its existing difficulties and further explore the path of development and perfection.Part 4 "the position and idea of criminal responsibility for the crime of traffic accident caused by L3 level autonomous vehicle".A criminal law position with strict criminal liability theory as the core should be established for the crime of traffic accident caused by self-driving cars,which can help us solve a series of criminal risk prevention problems caused by the fierce impact of science and technology on traditional criminal law,and solve the practical problem that it is difficult to identify the subjective crime of the perpetrator in different fields.The criminal law concept with preventive justice as the core should be clearly defined for the crime of traffic accident caused by self-driving cars to help us regulate a series of criminal risks brought by selfdriving cars.Part 5 "L3 Autonomous Vehicle Traffic Accident Determination and Solution Pathway".In terms of the identification of the subject of criminal responsibility,the L3 autonomous vehicle itself cannot be the subject of responsibility for the crime of traffic accident;The user can be the subject of responsibility for the crime of traffic accident;The manufacturer is the eligible subject of criminal liability,but it cannot be the subject of responsibility for the crime of causing a traffic accident.In the determination of subjective guilt of the crime,the user’s violation of the obligation to take over,the duty of vigilance,and the obligation of inspection may constitute negligence;A breach by the manufacturer of the duty of warning and care in the manufacture of a conforming product may constitute negligence.In terms of causation determination,intelligent causality theory should be adopted to solve the dilemma of criminal liability determination of L3 autonomous vehicles. |
