机动车自动驾驶中若干概念探析

Inquiry to Several Concepts of Automatic Driving

近年来,随着人工智能技术的进步,机动车自动驾驶也获得了蓬勃发展。本文在此背景下讨论了自动驾驶中驾驶以及驾驶人概念的变化问题。对于驾驶人的概念,本文认为由于目前完全意义上的自动驾驶尚未出现,所以对驾驶人概念仍应做与过去相同的理解。另外,本文还从技术层面和制度层面提出了一些使现行法中不具备正常驾驶能力的人驾驶人身份成立的设想。对于驾驶的概念,本文认为驾驶即让机动车在公共道路上行驶的行为,这与现行法中对于驾驶的理解相同。另外,作者也提到了自动驾驶中驾驶与限速规定的关系值得关注。

In recent years, due to the progress in the AI technique, there is also vigorous development in automatic driving. This paper discusses the changes in the concepts of driving and driver in automatic driving. This paper holds the opinion that because of the automatic driving in full meaning has not appeared yet, the concept of driver should be understood as before. Besides, in the technological level and the systematic level, the author also puts forwards the possibility where those who do not bear the ability to drive (such as the aged drivers who have returned license and drunk drivers, etc.) can also become drivers in automatic driving. As to the concept of driving, the author defines it as the same driving concept in the current law, which is making vehicle run in the road. In addition, it is also noticeable that the author mentioned the relationship between the driving in automatic mode and the spee d limit regulation.