| 英文摘要 |
In the future, the use of Unmanned Vehicles, such as Self-driving Cars and Unmanned Aerial Vehicles, will increase significantly. But the risks of using such Unmanned Vehicles are difficult to grasp by the criminal law. Above all, the regulations of negligent homicide or bodily injury, which have played the decisive role in the attribution of traffic accidents up to now, still lack the specific standards of care concerning Unmanned Vehicles. Also, the requirement that the perpetrator must foresee the success makes the attribution of negligence to Unmanned Vehicle accidents always difficult to perform. Therefore, it is the time to change the paradigms in the legislation on criminal law. Legislators should consider using the crime of reckless endangerment to achieve the same criminal policy goal. First, it must clearly describe the respective standards of care of the user, owner and manufacturer and apply only the negligent concrete endangerment offense and negligent aptitude offense, which include the success element. Thus, the punishment on risks of Unmanned Vehicle is again to be decided in view of the individual ability and cognition of the offender. Furthermore, the pace of technical innovation may be constantly increasing, and indeed the direction of the development of technology may be constantly regulated by criminal law. |
