| The rapid advancement of AI and connected technology has enabled the production and utilization of a vast array of intelligent cars with driving assistance capabilities,as well as the initiation of conditional automation and highly automated intelligent vehicles in certain cities.Although the purpose of developing intelligent cars is to alleviate traffic pressure and reduce the probability of traffic accidents,it is subject to technological development that does not guarantee the absolute safety of vehicles,and repeated traffic safety accidents also prove this.China’s current normative documents on intelligent vehicles are more experimental and administrative guidance,and do not have the legal effect of universal application.No special intelligent vehicle law has been promulgated at the national level,and the content on intelligent vehicles has not been added to transportation management regulations such as the Road Traffic Safety Law and the Criminal Law,which has also led to the mutual shirking of responsibility between vehicle users and producers after accidents.In the event of a traffic accident involving a smart car above level 3,although there are violations of traffic and transportation management laws and regulations on the surface and the consequences of the accident have reached the level of crime,there are certain difficulties in the application of the Traffic and Transportation Management Law,the determination of responsible subjects and subjective mentality,resulting in the difficulty of fully applying the crime of traffic accidents.At the same time,due to the change of the subject involved in the driving behavior,the subject of criminal responsibility has also changed,and the responsibility has become more complex.Therefore,it is first necessary to clarify the subjects that should bear criminal responsibility when intelligent cars with different levels of automation occur in traffic accidents.Although intelligent cars above level 3 are completely controlled by the driving automation system when the driving automation system is turned on,no matter what degree of intelligence the driving automation system still belongs to the tools used by humans to facilitate driving,and should not be regarded as the subject that can bear criminal responsibility.Users and manufacturers of intelligent vehicles have different obligations of care according to the different levels of vehicle intelligence,and should bear corresponding criminal liabilities within the scope of their obligations.When the smart car is under the control of the driving automation system,the user of the level 3 intelligent car will bear the criminal responsibility for the crime of traffic accident only if he fails to perform the duty of taking over and the duty of vigilance,and the user of the level 4 and 5 intelligent car shall bear the crime of not reporting or lying about the safety accident unless he allows the vehicle to flee the scene.Manufacturers must ensure that the mechanical components and algorithm programs of smart cars meet product safety standards,otherwise they should bear criminal liability for producing products that do not meet safety standards.At the same time,if the manufacturer of Level 4 and 5 intelligent vehicles fails to perform safety management obligations during vehicle operation,it may also constitute the crime of major liability accident. |
