Legal Tools Essential for AI Regulation
Strengthening the rule of law in science and technology is crucial for fostering innovation and is a strategic task in advancing China’s path to modernization, experts say.
The Importance of Legal Frameworks
The recommendations for formulating China’s 15th Five-Year Plan (2026-30) for economic and social development emphasize technological advancement, particularly in artificial intelligence. Adopted at the fourth plenary session of the 20th Communist Party of China Central Committee in October, these recommendations call for enhanced law-based governance, ethical guidelines, and security measures for science and technology.
AI as a Key Driver
The plan positions AI as a key driver for industrial upgrading and new quality productive forces, while highlighting the need for a supportive legal environment. Zhou Hui, an associate research fellow at the Institute of Law of the Chinese Academy of Social Sciences, emphasizes the synergy between the rule of law and intelligent technology as essential for advancing Chinese modernization. A sound legal framework acts as a safety valve for AI’s healthy development across sectors, warning that without it, the technology’s potential could become a risk.
Regulating Fast-Developing AI
Zhu Wei, an associate professor at China University of Political Science and Law, highlights the necessity of using legal tools to regulate fast-developing AI. He praises government rules to manage AI use and the revised Cybersecurity Law for including AI content.
Recent Developments in AI Governance
In late 2025, China’s Cyberspace Administration released a draft for governing anthropomorphic AI interaction services for public consultation. To curb AI misuse, it imposed penalties on online accounts using AI to mimic public figures in misleading marketing content. As early as 2023, the authority issued the country’s first AI management regulation, mandating legally sourced data and technology models, emphasizing that AI applications must not infringe on legitimate rights.
In October, China unveiled its revised Cybersecurity Law, supporting basic AI research and development while improving AI ethics rules, intensifying risk monitoring, and strengthening safety oversight. The law took effect on January 1, 2026. Zhang Yi, a member of the National Committee of the Chinese People’s Political Consultative Conference, states, “These measures demonstrate that a legal framework for AI governance is being built in China, providing room for trial and error in technological innovation through prudent regulation while controlling risks dynamically.”
Cases of AI Misuse
In September, the Ministry of Public Security announced the detention of a netizen in Taizhou, Jiangsu province, accused of using AI to fabricate and spread false information online. On another note, two individuals in Shanghai were sentenced to four years and 18 months in prison, respectively, for developing an AI-powered app to produce obscene content for profit. The defendants have appealed, and the case is currently under review.
Balancing Innovation and Regulation
To keep pace with AI’s rapid advancement, experts have advocated for the technology’s parallel development and governance. “Attempting to create perfect rules during the early stages of a technology is unrealistic and potentially stifling,” says Yan Jun, a judge at the Beijing Internet Court. “We should use legal tools to secure safety while allowing room for innovation.”
Defining Regulatory Boundaries
Experts emphasize the importance of defining the bottom line for technology-related regulations, addressing core issues like national security, social order, and the protection of personal rights and interests. Legal frameworks should set benchmarks to guide healthy innovation in areas such as technical standards, industry practices, and public services.
The Call for a Unified AI Law
Zhang has submitted AI-related proposals for three consecutive years, stressing the need for a dedicated AI law. Current regulations are scattered and lack coordinated oversight. He notes that the development of AI involves complex issues such as liability, ethics, and rights protection, requiring a unified legal approach.
Zhang also highlights legal gaps in areas such as liability for accidents involving autonomous vehicles. Some courts have ruled on AI-related disputes, including voice rights and copyright infringements through generative AI, raising the question of whether these rulings can serve as universal rules.
The Role of Judicial Rulings
Yan, the judge, mentions that judicial rulings in AI cases are crucial for forming governance rules. Such adjudications can help authorities understand technological principles and risks, establishing guiding precedents and principles. “These judicial practices provide a foundation for future legislation and regulation,” she adds.
