JIANGHAN ACADEMIC ›› 2024, Vol. 43 ›› Issue (1): 45-57.doi: 10.16388/j.cnki.cn42-1843/c.2024.01.005

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Construction of China’s AI Law Theoretical System in the Era of Foundation Model

YANG Yanchao   

  1. Institute of Law,Chinese Academy of Social Sciences,Beijing 100009
  • Received:2023-10-22 Online:2024-02-15 Published:2024-01-30

Abstract: In the era of foundation model,artificial intelligence law and its theoretical system have developed rapidly and gradually formed a unique branch of discipline. The emerging artificial intelligence law not only reconstructs the traditional legal research object,but also brings about innovative research methods,putting forward a different concept of justice. The formation and development of these theories are inseparable from the emergence of large-scale AI models(such as ChatGPT),which have played a huge role in promoting the updating of theories and promoting the overall improvement of rule of law practice. In the process of building its own AI legal theory system,China has benefited from the existing legal theory foundation and the vigorous development of AI industry. However,the uneven research levels and the barriers between disciplines have become a difficult problem in the construction. Future work needs to focus on the construction of basic concepts,frameworks,and a multi-dimensional,dynamic,and evolutionary theory system. Technological progress will continue to promote the evolution of legal theory.The transition from weak AI to strong AI brings in challenges as well as opportunities for the development of legal theory. In this process,it is essential to ensure human values,rights,and security. Building a legal theory system for AI requires avoiding potentially malicious applications of the technology while guiding it toward the good. This is not only an academic effort,but also a social reshaping of new concepts and practices of law. This work involves multidisciplinary collaboration,requires the formation of a global consensus and the update of practices,which will have a long-term impact on the future of the rule of law and the improvement of legal systems.

Key words: foundation model, artificial intelligence, AI, AI law, legal theory system

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