Abstract:The distinctive nature of artificial intelligence (AI) technology imparts a unique character to AI legislation. A review of global legislative practices reveals a paradoxical dynamic in AI regulation: discussions are vigorous, yet implementation remains cautious; while risk mitigation attracts substantial attention, fostering innovation remains the primary emphasis. To date, most countries have issued targeted problem-specific regulations or policy documents addressing particular AI domains, typically at a low level of legal hierarchy. Only a handful of countries or regions have enacted comprehensive, unified AI legislation at the national or regional level. This situation not only reflects the profound disruptive potential of AI as a technological innovation but also highlights the rational choices of various countries amid geopolitical competition. Given AI's pivotal role in national competitiveness, states must balance technological development with security concerns, while reconciling domestic governance imperatives with the demands of international cooperation in shaping AI legislation. Consequently, until the evolutionary trajectories and development trends of AI technology are fully understood, countries will continue to maintain an approach of "active exploration and prudent legislation" in pursuing comprehensive national frameworks. In particular, this approach will be informed by the overarching landscape of national competition and attach importance to the overall coordination of legislation both domestically and internationally. As a leading power in AI research, development, and application, China should ensure that its AI legislation is rooted in its own national context while embracing a vision of a shared future for humanity, thereby promoting the establishment and refinement of global AI governance mechanisms and a robust rule-of-law framework.
Keywords: AI legislation; development promotion; risk regulation; competition among great powers; global AI governance
Author:Zhi Zhenfeng, Ph. D. in Law, research fellow, CASS Institute of Law;
Source:6 (2025) Journal of Comparative Law.
