Criminal Law's Prospective Responses to Autonomous Driving:Attribution and Liability Fixation
Autonomous driving,a cutting-edge technology that has emerged in recent years,has become a significant subject of interest for criminal law researchers in the era of artificial intelligence.While autonomous driving is bringing significant changes to the automobile industry,it has also completely overturned the criminal liability fixation system for traffic accidents.The traffic accident liability system for traditional driving mode is"user-centered",but in the case of L3 or above levels of autonomous driving,a"producer-centered"product liability system should be established.Denying the likelihood of vehicle's autonomous driving system being held criminally liable independently,this article suggests that the criminal risks associated with autonomous driving should be reasonably apportioned based on the principle of domination,while taking the protection of legal interests as the value orientation and taking into account scales for equitable apportion of such risks.Furthermore,in order to establish a criminal liability fixation system for autonomous driving,it is also imperative to clearly specify the sources,apportionment standards,limitations and contents of the duty of care for both the users and manufactures of autonomous vehicles.
autonomous drivingduty of careproduct liabilitytraffic accident
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