Abstract

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Title:: Criminal Liability and Its Differentiation in Driverless Traffic Accidents

Keywords:: driverless driving; traffic accidents; product criminal liability; artificial intelligence; relative strict liability

Abstract:: As a criminal law proposition in the era of artificial intelligence, driverless driving has forward-looking and normative theoretical significance and practical value. The autonomous and “black-box” technology of driverless driving has brought about profound changes in criminal law doctrine, and the criminal attribution system in traffic accidents needs to be reconstructed urgently. Firstly, the scope of criminal liability in driverless traffic accidents should be limited to the type of criminal evaluation of traffic accidents through the “dominant principle of product liability”, and the limits of criminal evaluation of traffic accidents through “the principle of risk sharing” and “the principle of risk decomposition”. Secondly, in the differentiation of criminal liability in driverless traffic accidents, the producer should be clearly identified as the responsible subject and bear the product criminal liability in a relatively strict liability mode under the legal person liability model. Finally, in the case that the user of the driverless car does not fulfill the negative guarantee obligation and the third party illegally intervenes, then its criminal liability should be separately determined in addition to the product criminal liability.