Research on the Criminal Liability of Manufacturers in Autonomous Vehicle Accidents

Abstract

With the development of the autonomous vehicle industry, China's criminal law plays an increasingly important role in regulating the criminal liability of participants in autonomous vehicle accidents. However, due to the unique and innovative operating mode of autonomous vehicles, there are many unresolved issues in the criminal law's regulation of traditional automobile traffic accidents through the crime of traffic accident, especially regarding the determination of the criminal liability of manufacturers. Based on the identification and differentiation of the responsible parties in autonomous vehicles, and on the premise that autonomous vehicle systems cannot be criminally liable, this paper analyzes the duty of care of autonomous vehicle manufacturers throughout the production and application process. It emphasizes that manufacturers can be held liable through the perspective of product infringement theory, and examines three different mainstream viewpoints in academia when determining the crime, presenting relevant criticisms from the academic community. Ultimately, it is reasonable to identify the criminal liability of manufacturers in autonomous vehicle accidents as traffic accident crimes, and it is hoped that criminal law can add autonomous vehicle manufacturers as unit subjects of traffic accident crimes, making it feasible both theoretically and practically.