90% of accidents in human-driven cars are caused by human errors,If self-bet365 mobile betting cars become practical,Will significantly reduce the number of accidents。But,Autonomous vehicles must reduce the number of accidents to zero,Almost impossible。According to incomplete statistics,From the Tesla self-bet365 mobile betting accident in January 2016 to the Uber incident in March 2018,At least a dozen autonomous bet365 mobile betting road accidents have occurred around the world。Then,If a self-bet365 mobile betting car causes personal injury or death,There is the possibility of pursuing criminal liability of relevant subjects。Before discussing regulatory measures,Autonomous bet365 mobile betting systems need to be classified,And based on this, we will discuss the methods of criminal law accountability。About the development stages of autonomous bet365 mobile betting systems,Based on the National Highway Traffic Safety Administration (NHTSA) definition,Can be distinguished as follows: first,Accelerate、Control the steering wheel、When any one of the brakes and the like is operated by the system,Autonomous bet365 mobile betting technology is in the first stage,The driver’s responsibility is primary。Second,Accelerate、Control the steering wheel、Several brakes, etc. are controlled by the system at the same time,Autonomous bet365 mobile betting technology is in the second stage,The driver has the obligation to monitor。Third,Accelerate、Control the steering wheel、The brakes are all operated by the system,Only if requested by the system,Only the driver needs to take appropriate action。At this time,Autonomous bet365 mobile betting technology is in the third stage,The driver’s responsibility is secondary。Fourth,Accelerate、Control the steering wheel、The brakes are all controlled by the system,No action is required from the driver。In this state, autonomous bet365 mobile betting technology is in the fourth stage,The driver’s responsibility is eliminated。Among them,First、The second stage is "Safe bet365 mobile betting Support System",The third stage is the “quasi-autonomous bet365 mobile betting system”,Only in the fourth stage can it be called a "fully autonomous bet365 mobile betting system"。
In short,In the traditional automobile era,The criminal law mainly focuses on traffic accident crimes、Dangerous bet365 mobile betting Crime、Regulation of crimes endangering public safety such as crimes endangering public safety by dangerous methods;And entering the era of self-bet365 mobile betting cars,Crime endangering public safety will gradually be phased out。On the one hand,Designed by regulations、R&D、Production、The main body of selling self-bet365 mobile betting cars is centered,Crimes that infringe legal interests due to product quality defects will gradually appear;On the other hand,Autonomous vehicle network system based on Internet of Things,Cybercrime crimes that infringe legal interests due to hacker attacks will also become an important regulatory measure。
Safe bet365 mobile betting support system stage: regulating traditional crimes endangering public safety
When autonomous bet365 mobile betting is still in the safe bet365 mobile betting support system stage,The driver is still in a dominant position while bet365 mobile betting。Based on dominance theory,Drivers need to abide by the code of conduct,Have a higher duty of care。That is, drivers must have bet365 mobile betting qualifications、obey traffic rules;Drunk bet365 mobile betting is prohibited、Chasing, racing, etc.。Once the driver violates the above-mentioned duty of care or code of conduct,This may constitute the aforementioned crime endangering public safety。For example, in the Tesla self-bet365 mobile betting traffic accident that occurred in January 2016,The vehicle involved is still in the safe bet365 mobile betting support system stage,Before the incident, “the car owner took his hands off the steering wheel,and within 6 seconds before collision,The vehicle issued a warning to the driver that his hands were off the steering wheel,But the driver did not take any measures”。
Of course,Even at this stage,It is not enough to completely copy the criminal regulation methods of the traditional automobile era。After all, there is the intervention of autonomous bet365 mobile betting technology,Enables the sharing of functions between the driver and the autonomous bet365 mobile betting system,This also subtly changes the driver’s responsibility ratio。For example, the automatic bet365 mobile betting system responsible for some bet365 mobile betting functions has failed、Loss of braking, etc.,Results that endanger public safety,For drivers, it is a force majeure or unexpected event,Naturally does not bear criminal responsibility。
Quasi-autonomous bet365 mobile betting system stage: Public safety crimes and product liability crimes coexist
At this stage,The extent to which drivers perform their duty of care will be significantly reduced。Types of criminal liability will be presented by the driver and the production of autonomous bet365 mobile betting systems、A pattern in which R&D and sales entities are jointly responsible。Viewed from the driver’s perspective,Even if it violates a certain duty of care,It may not be concluded that he must bear criminal liability for crimes endangering public safety。For example,Drivers who drive traditional cars do not stop at red lights,There is a problem with the automatic car driven by the driver,Causing the vehicle to be unable to stop at the red light,This is a typical difference。In the latter case,Because the driver may be engaged in other activities,He may not even know that the vehicle has run a red light。In this case,It is clear that drivers of traditional cars will have more responsibilities than drivers of autonomous cars,When the stakes are higher,This becomes even more obvious。For example,Drunk bet365 mobile betting does not necessarily increase the risk。Therefore,Based on the objective attribution theory, the criminal liability of drivers under this type can be excluded。
From the production of self-bet365 mobile betting cars、From the perspective of R&D and sales entities,As self-bet365 mobile betting car system technology is becoming more and more perfect,The protection of the autonomous bet365 mobile betting industry is equally important as ensuring the safety of other people’s lives and property in autonomous bet365 mobile betting situations。Results of infringement of legal interests due to defects in the autonomous bet365 mobile betting system,Should bear criminal negligence liability for product quality defects to a certain extent。For example, in the Waymo self-bet365 mobile betting car accident that occurred in February 2016,The cause of the accident was "autonomous bet365 mobile betting design defect,Failed to predict rear vehicle behavior error”,Fortunately, this case did not result in casualties or property losses。If Waymo’s self-bet365 mobile betting car is at this stage,If it causes relevant legal loss,It is possible to investigate the production、Criminal liability of R&D and even sales entities。
Fully autonomous bet365 mobile betting system stage: Co-governance of product liability crimes and cybersecurity crimes
When self-bet365 mobile betting cars enter the era of fully autonomous bet365 mobile betting systems,The identity of the driver will be completely lost,Crimes that infringe legal interests due to drivers’ failure to perform their duty of care will be completely withdrawn from the stage of criminal law。The main type of crime at this stage is the failure of the autonomous vehicle system itself,As well as legal interest infringement crimes caused by hackers attacking autonomous vehicle networks。For example,Once a hacker invades the IoT network system,The possible consequences of the infringement are unimaginable,And because the crime of illegal intrusion into computer information systems has a lighter sentence,Unable to achieve deterrence、The effect of the blow。Leave aside the discussion of legislation,Under the existing criminal law framework system,It is necessary to prevent hackers from invading fully autonomous IoT systems、Abstract interpretation,Can be regulated according to the crime of endangering public safety by dangerous methods。
What needs to be noted is,Because the fully autonomous bet365 mobile betting system is based on big data,Realizing the deep learning capabilities of automobiles,So,The key feature of this type of autonomous vehicle is intelligent technology,It can mine patterns in data,React without human interference。For example,Fully self-bet365 mobile betting cars can learn from the data they collect。They detect data patterns,Build models from these patterns,And use these models to make predictions and decisions。This means that fully autonomous cars are partly the product of engineers,Part of it is a self-learning machine。It is the default algorithm、Environmental conditions、A mashup of user input and artificial intelligence。Of course,The robot will follow instructions,But these instructions tell them to be independent,Learn from “experience”,Try a new strategy,And learn from the results of these experiments。Because the machine draws its own conclusions,These results cannot be predicted in advance。Both its human producers and programmers,Still its human user,It is impossible to foresee all the actions that the robot may take。Then,Because the fully autonomous bet365 mobile betting system itself uses deep learning、Consequences of legal interest infringement caused by behavioral decisions,For R&D、Production and sales entities cannot be held criminally liable。There is no meaning of criminal penalties for fully autonomous bet365 mobile betting systems,Such situations can only be handled as unexpected events。
In short,With the continuous advancement of bet365 mobile betting vehicle technology,The types of criminal liability will also gradually change。Facing possible changes in criminal regulatory methods,Legislators and judges must grasp the dynamic balance between technological development and security,On the basis of ensuring traffic safety,Prevent excessive penalties from hindering the development of the bet365 mobile betting vehicle industry,In addition, we must also be prepared for IoT security protection,Appropriate vigilance against intrusions into the Internet of Things、Hacker attacks endangering the security of bet365 mobile betting vehicle systems。
(bet365 mobile betting article is a phased result of the 2018 Anhui Province Social Science Innovation and Development Research Project "Research on Core Legal Issues of the Internet's Biggest Variable" (2018CX011)
(Author’s unit: Anhui University bet365 mobile betting School)
Friendly links: Official website of Chinese Academy of Social Sciences |
Website registration number: Beijing bet365 mobile betting Network Security No. 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869
All rights reserved by China Social Sciences Magazine. bet365 mobile betting reproduction or use without permission is allowed
Chief editor’s email: zzszbj@126.com Contact information of bet365 mobile betting website: 010-85886809 Address: Floor 11-12, Building 1, No. 15 Guanghua Road, Chaoyang District, Beijing Postal Code: 100026
>