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China's Supreme Court to Draft Judicial Guidelines on Digital Currency and AI

China's Supreme Court to Draft Judicial Guidelines on Digital Currency and AI

China's top court is moving to create new judicial guidelines for cases involving digital currency and artificial intelligence. The Supreme People's Court confirmed it will draft the rules, a step that could shape how judges across the country handle disputes and criminal charges tied to these fast-evolving technologies.

What prompted the move

The announcement comes as Chinese courts increasingly face lawsuits and criminal cases that involve digital tokens, blockchain transactions, and AI-generated content. Without clear legal standards, judges have had to rely on existing laws that were not written for these technologies. The new guidelines aim to fill that gap, giving courts a unified framework.

The Supreme Court did not provide a timeline or details on the scope of the guidelines. But the decision signals that China's judiciary sees a need to address the legal gray areas around digital currencies and AI.

Digital currency under Chinese law

China has taken a hard line on private cryptocurrencies, banning trading and mining in 2021. But digital currency-related cases still emerge, often involving fraud, money laundering, or contract disputes. Courts have struggled to classify these assets legally. The new guidelines could clarify whether digital tokens are property, commodities, or something else under Chinese civil and criminal law.

The Supreme Court's move does not change existing bans. Rather, it is about ensuring consistent rulings when digital currency is at the center of a case.

AI and the courtroom

Artificial intelligence raises a different set of questions. Chinese courts have already used AI to assist with case management and even to generate legal documents. But the technology also creates new legal problems: Who is liable when an AI system makes a faulty decision? Can AI-generated content be copyrighted? What about deepfakes used in fraud?

The forthcoming guidelines are expected to address some of these issues, though the court has not said which specific AI applications will be covered. Legal experts in China have called for rules that balance innovation with accountability.

What happens next

The Supreme Court will now begin drafting the guidelines, a process that typically involves consultation with lower courts, academics, and other government agencies. No publication date has been set, but similar judicial interpretations have taken months to a year to finalize.

For now, Chinese judges handling digital currency or AI cases will continue to apply existing laws as best they can — and wait for the new rules that could change how they rule.