October 2, 2025

Legal Regulation of Artificial Intelligence in the People's Republic of China: Status, Prospects, Comparative Analysis of Legislative Proposals (Part 2)

ASA. G. SheikinThe All-Russian State University of Justice

Key Points

Provisions in draft laws emphasize the protection of user rights and legal liability in artificial intelligence use, while highlighting distinct scenarios for regulatory needs.
The analysis indicates a significant lack of specific norms for various special scenarios, such as judicial AI and autonomous driving, showing the need for clearer guidelines.
The proposed laws aim to align with international standards, particularly relating to intellectual property and cooperation, suggesting a growing global awareness of AI's impact.
Comparative insights with the EU AI Law and Japan's legislative efforts indicate the necessity of a comprehensive regulatory framework to effectively govern AI in China.

Abstract

The second part of the article continues the analysis of the provisions of two draft laws successively submitted to the PRC in 2023 and 2024, entitled, respectively, "The Law on Artificial Intelligence (Model Law) 1.0 (draft recommended by experts)" and "The Law of the People's Republic of China on Artificial Intelligence (draft proposed by scientists)". In the first part of the article, a comparative description of these projects was presented in sections devoted to the general provisions, goals and principles of regulation, support, development and promotion of AI, management and control and supervisory activities, ensuring the security of AI systems, and intermediate conclusions were formulated. In this article, the author reveals the provisions of the draft laws concerning the protection of the rights and interests of users, legal liability, intellectual property protection, and international cooperation. The proposed norms on "special scenarios" for the use of artificial intelligence are considered: the use of artificial intelligence by government agencies; judicial artificial intelligence; news created by artificial intelligence; medical artificial intelligence; social robots; biometrics; autonomous driving; social credit (rating or scoring); requirements for general artificial intelligence. The absence of the "artificial intelligence in education" scenario in the draft was noted. The context of already adopted regulatory legal acts is being investigated, which allows us to state the exceptionally general nature of the projected norms regarding special scenarios, each of which requires either an industry law or a subordinate regulatory legal act, but does not negate the need to define general principles for regulating these scenarios within the framework of a comprehensive law. The author concludes that the analysis of draft laws developed in the People's Republic of China, along with the EU AI Law adopted in 2024, the Law on the Promotion of Research, Development and Use of Artificial Intelligence Technologies in Japan on May 28, 2025 (the "Law on the Promotion of the Use of AI"), as well as the Law adopted in the first reading on 14 The draft Law of the Republic of Kazakhstan "On Artificial Intelligence" dated May 2025 is critically important for the development of a comprehensive regulatory framework for artificial intelligence in the Russian Federation.

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