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The Wizard of the Wild Wonderland
Editor丨The Wizard of the Wild Wild
<前言>
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With the rapid development of artificial intelligence technology, it has gradually entered the era of artificial intelligence. Artificial intelligence has brought great changes to society, but it has also brought new challenges to the field of criminal law.
Artificial intelligence has achieved amazing results in various fields, including autonomous driving, intelligent monitoring, data analysis, and more. However, the emergence of these new technologies has also brought unprecedented problems to the practice of criminal law. For example, the attribution of responsibility for road traffic accidents in autonomous vehicles and the privacy protection of facial recognition technology are all challenges that need to be faced.
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In the age of artificial intelligence, how criminal law adapts and responds to these challenges is an urgent issue. First, we need to examine the applicability of existing criminal law frameworks to ensure that they cover crimes covered by new technologies.
Second, we need to think about how to balance the interests of AI technology and the public interest of society to ensure that the application of AI does not violate human rights and trigger new injustices.
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In addition, legal makers and policymakers need to consider the impact of AI on the enforcement and prediction of sentences. In terms of criminal punishment enforcement, how to ensure the credibility and fairness of artificial intelligence technology is an important issue. At the same time, in terms of punishment prediction, how to ensure the accuracy and fairness of artificial intelligence algorithms is also a problem that needs to be considered.
This article will explore the challenges and problems faced in the field of criminal law in the era of artificial intelligence. It is hoped that through the in-depth study of these challenges, it will provide certain enlightenment and suggestions for practitioners, scholars and policy makers in the field of criminal law, so as to promote the adaptation and development of criminal law.
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<案例>
On the road, a self-driving car collided with a pedestrian, causing injury to the pedestrian. According to the survey, the autonomous vehicle is powered by an advanced artificial intelligence system that is responsible for the navigation, judgment and control of the vehicle. However, at the time of the accident, the AI system failed to identify the pedestrian in time and take appropriate avoidance measures.
In the trial of this case, the core issue involved is the liability for autonomous vehicle accidents. Under the Criminal Code and the Road Traffic Safety Act, the driver bears primary responsibility for a traffic accident, but in the case of autonomous vehicles, who should be responsible for the accident has become a point of contention.
During the court proceedings, the judges and lawyers discussed the liability behind the autonomous driving technology. This includes the design and functionality of autonomous driving systems, as well as the manufacturer's responsibilities in terms of system design and safety. At the same time, the degree of pedestrian negligence and the factors of the traffic environment are also considered.
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Ultimately, the court ruled that the manufacturer of the autonomous vehicle was partly responsible for the accident. Although the pedestrian's misconduct was also at fault, the court held that the manufacturer was liable for civil liability for defects in the design and production process that prevented the AI system from identifying the pedestrian in a timely manner and taking evasive measures.
This case highlights the criminal law challenges posed by autonomous driving technology in the era of artificial intelligence. How to clarify the responsibility for autonomous vehicle accidents, protect the rights and interests of pedestrians and other road users, and promote the development and safety of autonomous driving technology is an urgent issue in the field of criminal law.
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<法律分析>
In the traffic accident cases caused by autonomous vehicles in the era of artificial intelligence, relevant criminal laws and road traffic safety laws are involved.
The crime of personal injury refers to the criminal suspect's conduct of causing bodily harm to others for the purpose of illegally encroaching on the physical health of others. According to Article 233 of the Criminal Law, a criminal suspect who commits the crime of personal injury will bear the corresponding criminal responsibility.
According to the regulations, if it can be proved that the fault or negligence of the criminal suspect caused the accident, then the criminal suspect will bear the corresponding criminal liability.
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According to the Traffic Safety Law, drivers should exercise caution when driving and try to avoid accidents. In addition, the law regulates the handling of traffic offences and accidents.
In this case, road traffic safety law will play an important role. According to the provisions of the law, manufacturers and operators are responsible for the safety and performance of vehicles. If it can be proved that the manufacturer had a defect in the design and production process that prevented the automated driving system from recognizing pedestrians in time and taking evasive measures, the manufacturer would be liable for civil liability.
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In summary, according to the relevant provisions of the Criminal Law of the People's Republic of China and the Road Traffic Safety Law, traffic accidents caused by autonomous vehicles involve the crime of personal injury and the application of the Road Traffic Safety Law.
The criminal law will determine the criminal liability of the criminal suspects involved, while the road traffic safety law provides a legal basis for manufacturers and operators to bear the responsibility.
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<法律拓展>
In the traffic accident cases caused by autonomous vehicles in the era of artificial intelligence, in addition to the criminal law and road traffic safety law, there are other relevant laws and regulations that can expand and discuss this.
1. Data Privacy Protection Law:
The Data Privacy Protection Act aims to protect the security and privacy of personal data and sets out requirements and restrictions for data collection, processing, storage and sharing.
In this case, the artificial intelligence system of the autonomous vehicle collected data such as the vehicle's location and trajectory, as well as the passengers' personal information. Therefore, the Data Privacy Protection Law will become an important legal reference. Manufacturers and operators are required to comply with the provisions of the Data Privacy Protection Act to protect users' personal data and privacy rights.
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2. Principles of AI Ethics:
The Principles of AI Ethics address ethical and ethical issues regarding the design, use, and impact of AI systems. These principles aim to ensure the impartiality, credibility and social responsibility of AI.
In this case, the design and functionality of the AI system played a key role in the attribution of responsibility for the accident. Therefore, manufacturers and operators need to follow the ethical principles of AI to ensure that systems are designed and behaved in accordance with societal values to minimize the risk of accidents.
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3. Civil Compensation Law:
The Civil Compensation Law stipulates the manner in which civil liability is determined and compensated. Under the law, victims can seek damages from manufacturers, operators, or other interested parties.
In this case, the victim may file a civil action for damages and moral damages, and the court will consider the attribution of responsibility for the accident and the extent of the damage to determine the reasonable amount of compensation.
In summary, in addition to the Criminal Law and Road Traffic Safety Law, relevant laws and regulations such as the Data Privacy Protection Law, the Ethical Principles of Artificial Intelligence and the Civil Compensation Law also play an important role in traffic accidents caused by autonomous vehicles.
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<总结>
In the era of artificial intelligence, traffic accidents caused by autonomous vehicles involve criminal law, road traffic safety law and other relevant laws and regulations. These laws and regulations play an important role in addressing the attribution of responsibility for accidents, protecting personal privacy, ensuring AI ethics and regulating civil compensation.
The Criminal Law stipulates the crime of personal injury involved in the case, and according to the requirements, if it can be proved that the suspect's negligence or negligence caused the traffic accident, then the criminal suspect will bear the corresponding criminal responsibility.
The Road Traffic Safety Act sets out the obligations of drivers on the road, as well as the responsibilities of manufacturers and operators for the safety of vehicles.
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Data privacy protection laws play an important role in protecting personal privacy and data security. Manufacturers and operators are required to comply with the provisions of the Data Privacy Protection Act to ensure the secure and lawful processing of vehicle data and personal information.
The ethical principles of artificial intelligence put forward ethical and moral requirements for the design and behavior of autonomous driving systems to ensure their impartiality, credibility and social responsibility.
The Civil Compensation Act provides a way for victims to defend their rights. In a traffic accident, the victim can file a lawsuit under the Civil Compensation Act for damages and moral damage. The court will determine the attribution of liability and determine the reasonable amount of compensation based on the regulations and the circumstances of the accident.
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The Criminal Law and Road Traffic Safety Law provide for criminal liability and traffic safety, the Data Privacy Protection Law protects personal privacy and data security, the Artificial Intelligence Ethics Principles put forward moral requirements for the design and behavior of autonomous driving systems, and the Civil Compensation Law provides a way for victims to defend their rights.
These laws and regulations have played an important role in protecting individual rights and interests, regulating behavior and resolving disputes.
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Bibliography:
1. Criminal Law of the People's Republic of China.
2. Road Traffic Safety Law of the People's Republic of China.
3. Data Privacy Protection Law of the People's Republic of China.
4. European Commission. (2019). Ethics Guidelines for Trustworthy AI.
5. Floridi, L., & Cowls, J. (2019). A Unified Framework of Five Principles for AI in Society. Harvard Data Science Review, 1(1).
6. Samuel, A. L. (1959). Some studies in machine learning using the game of checkers. IBM Journal of Research and Development, 3(3), 210-229.
7. Susskind, R., & Susskind, D. (2018). The Future of the Professions: How Technology Will Transform the Work of Human Experts. Oxford University Press.
8. Vogelstein, F., Mallory, S., & Samuels, R. (2019). The Automated Driving System Framework. SAE International Journal of Transportation Cybersecurity and Privacy, 1(1), 9-19.
9. Judicial Interpretation of the Supreme People's Court of the People's Republic of China.