无人驾驶汽车的“犯罪”认定问题研究
Research on the “Crime” Identification of Self-Driving Cars

2020年年初国家发改委、科技部等11个部门联合发布了《智能汽车创新发展战略》，智能汽车已然成为汽车产业发展的战略方向。近几年有关无人驾驶汽车的安全事故接连发生，但目前与无人驾驶汽车相关的刑事立法和管制规则寥寥无几，这不仅使相关问题的规则治理陷于难题，不利于保护公众的生命财产利益，也会对以此为代表的人工智能领域进一步发展与科学研究带来一定阻碍。本文笔者从无人驾驶汽车的刑事责任主体资格与刑事责任根据两个方面展开论证对无人驾驶汽车的“犯罪”认定问题研究。首先，就其刑事责任主体资格而言，“电子主体说”明确的对无人驾驶汽车的主体身份下了新的定义，更加符合无人驾驶汽车的特点和发展现状。基于此认识结合无人驾驶汽车的发展现状，无人驾驶汽车符合刑事责任的形式与实质根据要求。
In early 2020, 11 departments including the National Development and Reform Commission and the Ministry of Science and Technology jointly released the “Self-driving cars Innovation Development Strategy”. Self-driving cars have become a strategic direction for the development of the automotive industry. In recent years, safety accidents on self-driving cars have occurred one after another, but there are very few criminal legislation and control rules related to self-driving cars. It will also cause some obstacles to further development and scientific research on the field of artificial intelligence represented by this. In this article, the author studies the issue of “crime” identification of self-driving cars from the qualifications and criminal responsibilities of criminal responsibility and criminal responsibility of self-driving cars based on two aspects. First of all, as far as its criminal responsibility subject is concerned, the “electronic subject” clearly defines new definition of the subject status of self-driving cars, which is more in line with the characteristics and development status of self-driving cars. Based on the development of the development of self-driving cars, self-driving cars meet the form and substantial requirements of criminal responsibility.