Law

Standardize the development of emerging fields through high-quality legislation

2025-10-29   

【 Expert Perspective 】 Author: Sun Youhai (Dean of the Law School of Tianjin University and Researcher at the Tianjin Research Center for the Theory of Socialism with Chinese Characteristics) Currently, the development trend of emerging fields is rapid. Strengthening the research on legislation in emerging fields and accelerating the pace of legislative work have significant practical significance. The report of the 20th National Congress of the Communist Party of China clearly proposes to strengthen legislation in key areas, emerging areas, and foreign-related fields. The 2025 Work Report of the Standing Committee of the National People's Congress also made requirements to strengthen legislative research in emerging fields such as artificial intelligence, digital economy, and big data. We need to deeply understand the significance of strengthening legislation in emerging fields, accurately grasp their legislative characteristics, scientifically follow legislative laws, continuously improve the legal and regulatory system, and better regulate scientific research behavior and economic activities in emerging fields. The emerging technologies and formats represented by artificial intelligence, blockchain, etc. are developing rapidly, and the existing legal system and rules are difficult to fully adapt to their development needs. Legislation is needed to provide norms and guarantees for the technological and economic development of emerging fields. Strengthening legislation in emerging fields can effectively prevent and resolve security risks, safeguard national security and social stability. The innovative achievements in emerging fields are increasingly integrated into people's lives, such as e-commerce, online education, etc. Standardizing the development of emerging fields through legislation can help safeguard the legitimate rights and interests of the people in areas such as consumption, education, and healthcare, and improve their quality of life. Emerging fields are also important driving forces for future economic and social development. Strengthening their legislative work can reserve space for future development and guide technological innovation and application in emerging fields towards a direction that is beneficial to human social progress. Compared to general legislative work, legislation in emerging fields has its unique characteristics and laws. Firstly, the forward-looking requirements of legislation are high. New technologies in emerging fields are updating rapidly, and new problems and risks are constantly emerging. We can no longer follow the traditional "post legislation" model, but should have foresight and anticipate the legal issues that may arise from the development of new technologies in advance. Secondly, balancing regulation and inclusiveness is difficult. The development of new technologies in emerging fields has "uncertainty", and excessive regulation may inhibit innovation and economic development, while insufficient regulation may lead to risk loss. Again, legal relationships are complex and diverse. Technological innovation and application in emerging fields often involve multiple disciplines and fields, such as the digital economy, which involves various elements such as data, algorithms, and platforms. Its legal relationships not only include traditional civil and commercial legal relationships, but also involve new legal relationships such as digital rights protection and data security supervision, which brings new challenges to legislation. We should strengthen the research on the legislative laws of emerging fields, and scientifically grasp the laws of legislation in emerging fields based on a full understanding of their legislative characteristics. Legislation in emerging fields should adhere to the principle of balancing development and security. We need to encourage innovation and support the development of emerging fields through legislation, while also strengthening risk awareness to ensure national security, social security, and personal safety. Legislation should guide scientists and citizens to establish a correct view of legal obligations, making them clear about the legal obligations they should undertake in the development of emerging fields. At the same time, we should strengthen the publicity and education of the law, promote the spirit of socialist rule of law, and enhance the legal awareness and legal concept of the whole society. Legislation should also be passed to encourage technology for good, for example, in gene editing technology legislation, it is necessary to explicitly prohibit gene editing behaviors that violate ethical and moral standards, in order to safeguard human dignity and safety. In terms of legislative methods, it is necessary to reasonably choose between "big legislation" and "small quick legislation" for different stages of development in emerging fields. For emerging fields with mature development and wide coverage, such as the basic field of digital economy, "big block legislation" can be adopted to formulate systematic and comprehensive laws and regulations; For emerging fields that are still in the early stages of development and have specific problems, such as certain scenarios of new artificial intelligence applications, "small quick and agile legislation" can be adopted to solve urgent problems in a timely manner. Legislators and legislators should attach great importance to the "uncertainty" of economic and technological development in emerging fields, and establish a broad legislative perspective. Strengthen cross-border learning, closely collaborate with experts from other disciplines, fully understand the technological characteristics and development trends of emerging fields, and avoid legislation lagging behind the times. During the 14th Five Year Plan period, China has made significant progress in legislation in emerging fields. For example, in the field of digital economy, the Data Security Law clarifies the security obligations and legal responsibilities in data processing activities, and the promulgation and implementation of the Personal Information Protection Law effectively protects the personal information rights and interests of citizens. In recent years, a series of relevant laws and regulations have been introduced, providing legal protection for the healthy development of the digital economy. There are still many legislative achievements that have laid a solid legal foundation for the standardized development of emerging fields. Looking ahead to the legislation in emerging fields during the 15th Five Year Plan period, relevant departments should further strengthen forward-looking research and advance the layout of legislation in key areas; Strengthen coordination and cooperation in the field of international law, and enhance China's international discourse power in legislation in emerging areas; Pay attention to the evaluation of the implementation effect of legislation, timely adjust and improve laws and regulations, in order to better adapt to the orderly development of emerging fields of technology and economy during the "15th Five Year Plan" period and in the future period. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:guangming daily

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