Abstract:
Faced with emerging legal issues in the digital era, the primary response of Italian law is the transposition of EU directives into domestic specific legislation. An analysis of the issue of liability of Internet Service Provider demonstrates that the Italian Civil Code still performs the functions of “system anchoring” and “supplementing normative supply” in the application of such specific legislation. A review of emerging theoretical debates surrounding the legal status of artificial intelligence entities indicates that, from a pragmatic perspective, the Italian Civil Code is still capable of providing normative guidance and interpretive support for new theoretical issues. China’s Civil Code has also responded to the legal issues arising from the digital era. Specific legislation, as the core legal source for regulating legal relations in the digital era, has become an inevitable trend. At present, academic discussions on various cutting-edge issues in digital law are in full swing in China. Italy’s experience in coordinating the relationship between its Civil Code and specific legislation holds significant referential value for the development of theoretical discourse in Chinese academia.