Developing High-Precision Maps for Automated Driving in China:Legal Obstacles and the Way to Overcome Them  

作　　者：ZHANG Taolue TU Huizhao QIU Wei 张韬略;涂辉招;邱炜(School of Law,College of Transportation Engineering,Tongji University,Shanghai 200092,China)

机构地区：[1]School of Law,College of Transportation Engineering,Tongji University,Shanghai 200092,China

出　　处：《Journal of Shanghai Jiaotong university(Science)》2021年第5期658-669,共12页上海交通大学学报（英文版）

基　　金：the Research on Governing Princi-ples and Mechanism of Autonomous Driving Supported by the Shanghai Science and Technology Committee(No.20511101703);the Research on Key Applicable Techniques and Legal Social Problem about Autonomous Driving Electronic Vehicles Sup-ported by the Ministry of Science and Technology(No.2018YFB0105202-05)。

摘　　要：A high-precision map(HPM)is the key infrastructure to realizing the function of automated driving(AD)and ensuring its safety.However,the current laws and regulations on HPMs in China can lead to serious legal compliance problems.Thus,proper measures should be taken to remove these barriers.Starting with a complete view of the current legal obstacles to HPMs in China,this study first explains why these legal obstacles exist and the types of legal interests they are trying to protect.It then analyzes whether new technology could be used as an alternative to resolve these concerns.Factors such as national security,AD industry needs,and personal data protection,as well as the flexibility of applying technology,are discussed and analyzed hierarchically for this purpose.This study proposes that China should adhere to national security and AD industry development,pass new technical regulations that redefine the scope of national security regarding geographic information in the field of HPMs,and establish a national platform under the guidance and monitoring of the government to integrate scattered resources and promote the development of HPMs via crowdsourcing.Regarding the legal obstacles with higher technical plasticity,priority should be given to technical solutions such as“available but invisible”technology.Compared with the previous research,this study reveals the current legal barriers in China that have different levels of relevance to national security and different technical plasticity.It also proposes original measures to remove them,such as coordinating national security with the development of the AD industry,reshaping the boundary of national security and industrial interests,and giving priority to technical solutions for legal barriers that have strong technical plasticity.

关 键 词：automated driving(AD) navigation electronic map(NEM) high-precision map(HPM) surveying and mapping national security “available but invisible”technology 

分 类 号：DF37[政治法律—宪法学与行政法学]