It should be concretely judged for the crimes caused by self-driving automobiles. If self-driving automobiles cause casualties and make properties with a relatively large amount be damaged, conduct subject should be defined. The conduct subject of self-driving automobiles of help-driving type is the help-driver. The conduct subject of self-driving automobiles of completely automatic type is the manufacturer of the automobile. When we judge the crimes caused by self-driving automobiles of help-driving type, the driving conducts of the help-drivers are different crimes in terms of the concrete forms of their intention and negligence. When we judge the crimes caused by self-driving automobiles of completely automatic type, the conducts of the manufacturer of the automobile are only crime of negligent homicide or crime of negligently causing serious injury and are only conduct crime. The core of judgment is the care duty and care ability of the manufacturer.
王德政.人工智能时代的刑法关切:自动驾驶汽车造成的犯罪及其认定[J].重庆大学学报社会科学版,2020,26(3):131-141. DOI:10.11835/j. issn.1008-5831. fx.2018.12.003复制