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 said.

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, the recommendations call for enhanced law-based governance, ethical guidelines and security measures for science and technology. They also outline the need to strengthen AI governance by improving laws, regulations, policies, standards and ethical norms.

"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," said Zhou Hui, an associate research fellow at the Institute of Law of the Chinese Academy of Social Sciences.

In an article posted on the institute's website in December, Zhou emphasized synergy between the rule of law and intelligent technology as essential for advancing Chinese modernization. He described a sound legal framework as a "safety valve" for AI's healthy development across sectors, warning that without it, the technology's potential could become a risk.

Zhu Wei, an associate professor at China University of Political Science and Law, highlighted the necessity of using legal tools to regulate fast-developing AI. He praised government rules to manage AI use and the revised Cybersecurity Law for including AI content.

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 Jan 1.

"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," said Zhang Yi, a member of the National Committee of the Chinese People's Political Consultative Conference, China's top political advisory body.

In September, the Ministry of Public Security announced the detention of a netizen in Taizhou, Jiangsu province. The individual, surnamed Cao, was accused of using AI to fabricate and spread false information online, claiming that two officials had been punished for disciplinary violations. Authorities stated that Cao's actions severely disrupted public order, leading to the closure of his online account.

In another case, 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 to the Shanghai No 1 Intermediate People's Court, with the case currently under review.

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," said Yan Jun, a judge at the Beijing Internet Court. "We should use legal tools to secure safety while allowing room for innovation."

Experts also emphasized 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. In areas such as technical standards, industry practices and public services, legal frameworks should set benchmarks to guide healthy innovation, according to Zhang, a national political adviser.

Zhang has submitted AI-related proposals for three consecutive years. He stressed the need for a dedicated AI law, noting that current regulations are scattered and lack coordinated oversight. "The development of AI involves complex issues such as liability, ethics and rights protection, requiring a unified legal approach," he said.

Zhang also highlighted legal gaps in areas such as liability for accidents involving autonomous vehicles. He pointed out that some courts have ruled on AI-related disputes, including voice rights and copyright infringements through generative AI.

"It's essential to determine if these rulings can serve as universal rules," he added.

Yan, the judge, noted 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 said.