Filed under causation
Every brief tagged "causation".
- § 01 · AI-AGENTS
Fault for Services, Strict Liability Only for Machines: Wang Liming on Tort Liability When AI Agents Cause Harm
In Tsinghua University Law Journal (《清华法学》) 2026 No. 5, Wang Liming (王利明) of Renmin University sets out how Chinese tort law should handle harm done by AI agents. His answers: an agent is never a liable party, so liability falls on the people along its value chain; AI that provides a service, such as generative AI, is judged by fault, while strict product liability applies only to agents that enter the physical world as tangible things and threaten life, body, health or tangible property; where fault applies, operators and deployers should prove they took reasonable care; multiple actors are not jointly and severally liable by default, but answer in proportion to their causal contribution, with the party closest to the end user carrying the heaviest risk-control duty; open-source and free providers get lighter treatment; causation should be presumed when the evidence sits with the defendant; and the 'mass micro-torts' agents produce, such as leaks of many people's personal information, call for representative and public-interest litigation rather than individual suits. DCC summarizes the article section by section and maps each proposal against the Supreme People's Court's AI Disputes Opinions (法发〔2026〕10号), the PIPL and the Civil Code. Most of Wang's framework is already in the Opinions; the reversal of the burden of proof for service agents, the presumption of causation, and substitute measures for data-subject rights go further.
- § 02 · AI-GOVERNANCE
Zhu Xiaofeng — Who Pays When GenAI Causation Is Unclear? Applying Civil Code Article 1254 by Analogy
Zhu Xiaofeng (Central University of Finance and Economics Law School) takes on the GenAI causation black hole — when a personal-information harm clearly arises from a GenAI service but specific causation among model designer, model provider, model user, and data provider cannot be established, who pays? Zhu's structural answer: when conventional construction-element-analysis and Article 998 interest-balancing both fail (and they do), apply Civil Code Article 1254's 'unclear-causation' rule by analogy — the same rule used for falling-object-from-building cases. The doctrinal scaffolding: communication-safety theory, gain-and-risk allocation theory, causation proof + harm prevention. Critically: each potential injurer compensates the full damage; among themselves, allocation is proportional, with judges determining specific amounts case-by-case. Highly relevant for multinationals deploying GenAI in China — the proposed framework restructures the operating liability surface.