智能驾驶的刑事风险重析

Reanalysis of Criminal Risks in Intelligent Driving

随着人工智能技术的发展,带有自动驾驶功能的智能网联汽车走进公众生活。智能驾驶过程中的刑事责任因人工智能的引入,与传统驾驶场景有所区别,人工智能在驾驶中的功能不断增强应与其承担的法律义务相匹配。从风险社会的宏观角度入手,通过风险社会的风险分配理论论证得出对智能驾驶重新立法的重要性。对智能网联汽车的生产商引入企业合规制度进行前置化管理,防范重大交通事故。对交通肇事行为,引入风险社会中的过失理论概念,提出故意、轻率、过失的三重认定体系和监督过失理论,对传统的过失行为以轻率的刑事责任入罪,增加人工智能开发者、设计者的刑事责任,有利于对交通肇事行为的精准量刑。

With the development of artificial intelligence technology, intelligent connected vehicles with autonomous driving functions have entered public life. The criminal liability in the process of intelligent driving is different from traditional driving scenarios due to the introduction of artificial intelligence. The continuously enhanced function of artificial intelligence in driving should be matched with its legal obligations. Starting from the macro perspective of a risk society, the importance of re-legislating intelligent driving is demonstrated through the risk allocation theory of a risk society. Introduce enterprise compliance systems for manufacturers of intelligent connected vehicles for pre-management to prevent major traffic accidents. For traffic accidents, the concept of negligence theory in the risk society is introduced, and a triple recognition system of intent, recklessness, and negligence and the theory of supervisory negligence are proposed. Traditional negligence is criminalized with reckless criminal responsibility, increasing the criminal responsibility of artificial intelligence developers and designers, which is conducive to accurate sentencing of traffic accidents.