Criminal Law Liability and Doctrine Development for Navigation Accidents of Intelligent Ships
Although the criminal law research on autonomous driving accidents in the field of road traffic has long been brought into the view of scholars,there has been a lack of necessary attention to the criminal liability issues that may arise from navigation accidents mainly involving intelligent ships in the comprehensive transportation system of sea,land,and air.The gradual development of intelligent ships will lead to three challenges to criminal liability for maritime traffic accidents,including absence of imputable subjects,re-allocation of responsibilities based on collision avoidance norms constructed by ship drivers,and re-construction of the theoretical system of neg-ligent crimes constructed around human subjects.In this regard,controlling the dominant position,ineffective take-over obligations,and human intervention scope are the technical foundations for criminal liability of intelligent ships under differentiated control modes.Based on the incomplete control ability of the intelligent system of ships itself,as well as the situational awareness and decision-making ability generated by deep learning and experience accumu-lation,it is impossible to criminally criticize the formation of its behavior intentions.In terms of specific responsibil-ity allocation,producers of intelligent systems should bear more attention obligations towards technological goodness,which can be further refined into design rationality obligations,usage reminder obligations,and fault warning obligations.Producers of intelligent systems or devices shall bear criminal responsibility for the crime of producing and selling products that do not meet safety standards,as a result of serious legal infringement caused by technical defects in the developed systems or devices;crew members on board are supervisors of the normal opera-tion of automation equipment,and are only allowed to partially trust the automation operating system in intelligent ships with lower levels of autonomy;the shore-based operators of the remote control station should be the responsi-ble subjects of the unified combination of ship supervision and control rights.Although the workspace of shore-based operators is different from that of traditional captains,the nature and content of their work have not fundamentally changed.Therefore,for situations that occur in the field of public transportation at sea and cause significant person-al injury or death due to improper operation by shore-based operators in collisions with other ships,their criminal responsibility for traffic accidents should be pursued,in order to achieve the function of criminal law protection for the public safety interests of maritime traffic.The remote control station should have inspection and monitoring func-tions during normal operation,as well as alarm function in case of equipment failure.The obligation of alarm atten-tion derived from this function is not only an important criterion for criminal liability,but also an important founda-tion for the control station on board to take over control.When combining remote control mode and self-control mode,only after the alarm obligation of the remote control station is fulfilled,the crew members on board have the duty to take over the control of the ship.Before the safety alarm was sent,the equipment operation and management personnel at the ship's control station only had a general obligation to supervise the safety operation status of the ship,while there was a lack of legitimacy to fulfill the obligation of avoiding consequences for the dangers caused by the behaviors of violating safety management and reasonable manipulation at the remote control station.In the era of intelligent ships,the safety management obligations of shipping companies will also be expanded with the transfor-mation of ship control modes,including the establishment of a safety management system for remote control stations outside the ship organization system,non-traditional safety content such as network security,and safety management obligations for other procedural matters.
intelligent shipsnavigation accidentsobligation to take overthe principle of trust
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