Author Information

Zhang Xinbao, Professor, Law School, Renmin University of China; Wei Yanwei, Doctoral Candidate, Law School, Renmin University of China

Abstract

China's Artificial Intelligence (AI) legislation must address the basic issues of legislative purpose, legislative technical progress and major interest relationships. The legislation should take development and safety as the guiding ideology, promoting research, development and application and preventing major risks as the dual legislative purpose. The legislation should build a systematic development promotion system, clarify positive incentive rules for empowerment and efficiency, and provide support for burden reduction. It should also build a focused risk prevention system, which dynamically and scientifically researches and evaluates the risks, and prudently and inclusively regulates the risks. In the technical progress of legislation, the basic direction should be to achieve systematic legislation, with optimizing the legislative hierarchy as the main goal; to give full play to the legislative features that show the country's ability to develop the rule of law; and to apply legislative techniques based on the construction of a framework order, so as to enhance the systematic and coordinated of the legislation. In terms of major interest relationships, the legislation should adhere to the basic position of people - oriented, and establish rules on anti - discrimination, protection of rights, digital education and access to digital information, etc.; it should establish coordinated rules on the handling of personal information and the protection of intellectual property rights and so on that are compatible with the development of AI; it should establish and maintain the competitive order of AI in which the main bodies are pluralistic, the interests are differentiated, and the market is open; and it should steadily promote the rule of law relating to AI in foreign-related affairs while actively carrying out international cooperation in AI governance and improving the level of countermeasures.

Keywords: Artificial Intelligence Legislation; Risk Governance; Systemic Legislation; Interest Relationships; People-Oriented