Governance Studies ›› 2025, Vol. 41 ›› Issue (2): 20-37.
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Yang Yanchao
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Abstract:
The rapid rise of AI technologies like DeepSeek challenges modern legal systems’ values and rules. AI autonomy and decision-making disrupt our current legal foundations because they are based on human reason and morality, questioning justice, equality, and freedom. AI has also exceeded traditional rights and liability frameworks by introducing data and algorithmic rights while complicating legitimacy and responsibility allocation. China’s AI legislation must innovate by redefining legal subjects. AI should be treated as a tool with limited abstract subjectivity. Rights, duties, and responsibilities must be updated beyond the traditional static, fault-based models to suit AI’s dynamics. A dual-track “unified + sector-specific” legislative approach should address coordination, regulation, and global alignment. This will blend embedded innovation with independent oversight. Legislation should also balance innovation and risk through progressive laws and sandbox testing, ensuring adaptability and supporting AI’s healthy growth.
Key words: artificial Intelligence, deepSeek, aI legislation, institutional innovation, model-based regulation
CLC Number:
D92
Yang Yanchao. Institutional Innovation and Path Selection in China’s AI Legislation[J]. Governance Studies, 2025, 41(2): 20-37.
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URL: http://journal08.magtech.org.cn/Jwk3_zlyj/EN/
http://journal08.magtech.org.cn/Jwk3_zlyj/EN/Y2025/V41/I2/20