90%of the accidents in human driving cars are caused by human mistakes，If the autonomous car is practical，will reduce the amount of accidents significantly。but，Autonomous vehicles want to reduce the number of accidents to zero，Almost impossible。According to incomplete statistics，From January 2016 Tesla's autonomous driving accident to the Uber incident in March 2018，At least ten autonomous road cases have occurred in the world。So，If the autonomous vehicle causes personal casualties，There is the possibility of investigating the criminal responsibility of relevant subjects。Before discussing the measures，You need to classify the autonomous driving system，and based on this as the basis of discussing the accountability of criminal law。About the development phase of the autonomous driving system，Based on the definition of the American Road Traffic Safety Agency (NHTSA)，can be made as follows: First，Acceleration、Control the steering wheel、brakes, etc. Any one is operated by the system，Autonomous driving technology is in the first stage，The driver's responsibility is in the main position。Second，Acceleration、Control the steering wheel、brakes, etc., are controlled by the system at the same time，Autonomous driving technology is in the second stage，Driver has the obligation to monitor。third，Acceleration、Control the steering wheel、The brakes are operated by the system，Only in the case of system request，bet365 best casino games Drivers need to make corresponding treatment。At this time，Autonomous driving technology is in the third stage，The driver's responsibility is in a secondary position。Fourth，Acceleration、Control the steering wheel、The brakes are all controlled by the system，Drivers do not need to do any operation at all。In this state, autonomous driving technology is in the fourth stage，Driver's responsibility to eliminate。where，First、The second stage is "Safety Driving Support System"，The third stage is the "quasi -autonomous driving system"，The fourth stage can be called "complete autonomous driving system"。

Brief words，In the traditional car era，Criminal Law is mainly guilty of traffic accidents、Dangerous driving crime、Rest regulation of public safety crimes such as harm to public safety by dangerous methods; and enter the era of autonomous vehicles，Harmly public safety crime will gradually exit。On the one hand，Design with regulatory、R & D、Production、The main body of the sales of autonomous vehicles is the center，It is manifested as a crime of legal and interest violations caused by product quality defects; on the other hand,，Autonomous vehicle network system based on the Internet of Things，Crimes of cyber crime caused by hacking attacks that violates the legal and interest will also become an important regulatory method。

　　bet365 live casino games

When the autonomous driving is still in the safe driving support system stage，Drivers are still in a dominant position during driving。Based on dominance，Drivers need to comply with behavioral specifications，Negative obligation to pay attention。That is, the driver must have a driving qualification、bet365 Play online games Comply with traffic rules; prohibit drivers from driving from driving、Chasing the competition, etc.。Once the driver violates the above -mentioned attention obligations or behavioral specifications，This is the crime that may constitute the aforementioned hazardous public safety category。For example, in the Tesla autonomous driving traffic accident that occurred in January 2016，The vehicle involved is still in the safe driving support system stage，Before the incident, the owner took his hands away with his hands，and within 6 seconds before the collision，The vehicle issued a warning to the driver with both hands away from 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 method of the traditional car era。After all, there is an intervention of autonomous driving technology，Makes functional sharing between the driver and the autonomous driving system，This also subtlely changes the driver's responsibility ratio。For example, there is a failure of the autonomous driving system that undertakes some driving functions、Bashing out of control, etc.，Results that lead to hazardous public safety，For the driver, it belongs to the occurrence of force majeure or accidents，Naturally, do not assume criminal liability。

　　Quarantine autonomous driving system stage: Public safety crime and product liability crime coexist

At this stage，The degree of the driver's performance of attention will be greatly reduced。Types of criminal responsibility will show the production of drivers and autonomous driving systems、R & D and sales entities, the pattern of jointly undertaken。bet365 Play online games From the perspective of the driver's perspective，Even if it violates some kind of attention obligation，It may not be concluded that it must assume the conclusion of criminal liability that endangers public safety crimes。For example，Drivers driving traditional cars without parking in front of the red light，Drives with the driver's autonomous vehicle in trouble，As a result, the vehicle cannot stop before the red light，This is a typical difference。In the latter case，Since the driver may engage in other activities，He may not even know that the vehicle has run through the red light。In this case，Obviously, the driver of traditional cars will bear more responsibilities than drivers of autonomous cars，When the risk is higher，This becomes more obvious。such as，Drunk driving does not necessarily cause risk to rise。Therefore，Based on the theory of objective attribution can exclude this type of criminal liability for drivers under the driver。

Production from autonomous vehicles、bet365 Play online games From the perspective of R & D and sales entities, we can see，Due to the improvement of the technology of autonomous vehicle system，Protection and guarantee of the protection of the autonomous driving industry is equally important for others' lives and property in autonomous driving。Due to the defects of the autonomous driving system, the results of the infringement of legal and interest，Criminal liability for negligence of product quality defects to a certain extent。For example, in the Waymo autonomous car accident that occurred in February 2016，The cause of the accident occurred in the "self -driving design defect，Unpredictable behavior errors in the rear vehicle "，Fortunately, this case does not cause casualties bet365 Play online games and property losses。If Waymo autonomous driving car is at this stage，If the loss of related legal benefits，It may be pursuing production、R & D or even criminal liability for sales subjects。

　　Completely autonomous driving system stage: co -governance of product liability crime and network security crime

When the autonomous vehicle enters the era of a complete autonomous driving system，The identity of the driver will completely disappear，Crimes that cause the infringement of legal and interest due to the failure of the driver's failure to fulfill their attention will completely withdraw from the stage of the criminal law。The main type of crime at this stage is the fault of the autonomous vehicle system itself，and the legal infringement crime caused by a hacker attack vehicle network。such as，Once the hacker invades the Internet of Things network system，The possible result of the aggression cannot be imagined，and the legal punishment is lighter due to illegal invasion of the computer information system，Can't achieve deterrence、The effect of the blow。Putting aside legislative theory，Under the existing criminal law framework system，It is necessary to advance the hacking behavior of the IoT system that invades the full autonomous driving.、Abstract interpretation，It can be regulated in accordance with the crime of harm to public safety in danger.。

What needs attention is，Since the complete autonomous driving system is based on big data，Realize the deep learning ability of the car，So，The key feature of this type of autonomous vehicle is intelligent technology，It can dig the mode of data，React without being interfered。such as，Completely autonomous cars can learn from the data collected bet365 live casino games by them。They detect the data mode，Build a model from these modes，and use these models to make predictions and decisions。This means that the complete autonomous car part is the product of the engineer，part is a self -learning machine。It is a preset algorithm、Environmental conditions、Mix and match the user input and artificial intelligence。Of course，Robots will follow instructions，But these instructions tell them to be independent，From "Experience" Middle School，Try new strategies，Learn from the results of these tests。Due to the machine's conclusion，These results cannot be predicted in advance。Whether it is its human producer and programmer，Still its human user，Can't foresee all the action that the robot may take。So，Because the complete autonomous driving system itself passes deep learning、The consequences of legal infringement caused by behavioral decisions，For R & D、Production and sales subjects cannot be criminal。The significance of no criminal punishment for the complete autonomous driving system，This situation can only be processed in accordance with accidents。

In short，With the continuous progress of autonomous vehicle technology，Types of criminal responsibility will also gradually change。Facing changes in possible criminal regulatory means，Legislators and judiciary must grasp the dynamic balance between technological development and security protection，On the basis of ensuring traffic safety，Preventing excessive punishment is caused by hindering effects on the development of the autonomous vehicle industry，In addition, it is necessary to prepare for the security protection of the Internet of Things，Appropriate alert to the Bet365 app download invasion of the Internet of Things、Hacker attack behavior that endangers the safety of autonomous vehicle systems。

　　(This article is the 2018 Anhui Provincial Social Science Innovation and Development Research Project "Research on the Core Legal Issues of the Number of the Internet '" Numbers of the Internet "(2018CX011) phased results)

(Author Unit: School of Law of Anhui University)