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 complian...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.展开更多
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)。
文摘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.
