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Groups of scholars and others have been working on the creation of a Model Law of Artificial Intelligence. One of these groups, 中国法学会 网络与信息法学研究会 [the China Law Society Research Society on Cyber and Information Law], posted their version 4.0 of a Model Law on Artificial Intelligence for China recently. 中英双语版本发布 «Bilingual Chinese-English Version of the "Model Law on Artificial Intelligence 4.0" Released». The text follows below.
As they describe it:
The Model Law is divided into 7 parts:
Chapter 1, General provisions (articles 1-15): This sets the ideological, aspirational, political and operational premises under and through which the Model Law is to be understood, interpreted and applied. These serve as the framing premises of the Model Law and also situates it within the regulatory cognitive universe with which it must align and the values and objectives of which it must advance and protect.
Chapter 2, Support and Promotion of AI (articles 16-39): This specifies the operational structures and frameworks within which the high quality development premises of Chapter 1 can be realized within the guiding premises of the Chinese fundamental political line (formalized planning, infrastructure, data, algorithms and models, basic research, IP, eco-system development, pilot zones for development and free trade zones, assessment). This is the operational core of the Model Law.
Chapter 3, AI Oversight Systems (articles 40-48): This specifies the oversight framework and objectives within the activities of Chapter 2 are to be realized (safety/security obligations, life cycle security of critical systems, security vulnerabilities, audit, remedy and notice, transparency/fairness/explanability, risk management and risk blocking, AI ethics review). This is the supervisory core of the Model Law.
Chapter 4, Obligations of AI Developers, Providers, and Users (articles 49-80): this is a very long framing chapter that is organized within a structural chapeau (general provisions, arts. 49-63) and then divided among the functionally differentiated obligations of developers (arts. 64-64); providers (arts. 66-74), and users (arts. 75-80). These provisions are deeply embedded within the complex regulatory structures of these elements of development, production and use already in effect or in gestation. These are operations/implementation level router provisions with sometimes substantial regulatory "value added" or value changing effect.
Chapter 5, Comprehensive AI Governance Mechanisms (arts. 81-95): These provisions are outward facing guidance for state authorities. They must be read in the shadow of the fundamental political line and the overall authority of the CPC and its organs, especially as they operate at the pubic facing implementation and regulatory guidance levels. The extraterritorial provisions mirror current expansionist efforts through a Socialist "effects" test theory. The most interesting provision is article 93 (governance through technology), focusing on support for tech innovation and its support by state organs and then highlighting RegTech and ComplianceTech but not social credit and smart cities systems. That suggests that the state and state organs are NOT may not be objects of this regulation.
Chapter 6 Liabilities (arts. 96-109): These provisions align with general remedial measures in the Chinese domestic legal order refined for this field of law. The essence is a graded system of administrative supervision (art. 96) starting with supervisory orders of rectification in the face of violation, issuance of a warning, the confiscation of gains acquired through violation of law and termination of business activities. Article 102 provides a safe harbor for tort damages.
Chapter 7 Supplementary Provisions (arts. 110-114). These include definitions of key terms and special provisions for military AI, AI R&D, and the operation of the AI Negative List (see also e.g., art. 40).
For an interesting analysis see Stanford's DigiChina website HERE.
The China Law Society Research Society on Cyber and Information Law
Established in September 2002—originally under the name "Information Law Research Society of the China Law Society"—the China Law Society Research Society on Cyber and Information Law is a national-level research society directly affiliated with the China Law Society. It was co-founded by six entities: the former State Council Informatization Office, the Ministry of Public Security, the Ministry of State Security, the former Ministry of Information Industry, the National Administration of State Secrets Protection, and the Institute of Law of the Chinese Academy of Social Sciences (CASS).
In November 2015, following a decision by the Party Leadership Group of the China Law Society, the organization was renamed the China Law Society Research Society on Cyber and Information Law. Currently, its sponsoring entities comprise seven organizations: the Office of the Central Cyberspace Affairs Commission, the Ministry of Industry and Information Technology, the National Administration of State Secrets Protection, the Ministry of Public Security, the Ministry of State Security, the State Cryptography Administration, and the Institute of Law of CASS. The Research Society’s secretariat is based at the Institute of Law of CASS, with operational support provided by the Institute’s Department of Cyber and Information Law.
Since its inception, and under the leadership of the China Law Society and the support of relevant entities, the Research Society has engaged in activities such as legislative seminars, academic exchanges, research projects, and publications. It is dedicated to fostering research in the fields of cyber and information law, advancing the development of the discipline’s academic, theoretical, and discourse systems, and providing intellectual support for the construction of a rule-of-law China, a cyber powerhouse, and a digital China.
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