| PDF: |
 |
Author(s): |
Yupeng S., |
| Number of journal: |
2(75) |
Date: |
June 2026 |
| Annotation: |
This article, by comparing the conditions
for establishing tort liability in China and Russia, analyzes
the similarities and differences in the application of tort
liability principles between the two countries. It focuses on
the applicability of product liability, liability for ultra-hazardous
activities, and general tort liability in regulating tort risks
arising from artificial intelligence (AI). AI is categorized into
two types: physically interactive AI and information-interactive
AI. The article respectively explores the civil liability principles
applicable to regulating the tort risks that may arise from
the application of these two types of AI technologies.
The article argues that absolute no-fault liability may be
applied to physically interactive AI with a high degree of danger,
which helps protect the civil rights and interests of legal
subjects. However, applying no-fault liability to physically
interactive AI without a high degree of danger would hinder
technological innovation.
Regarding information-interactive AI, taking generative AI
as an example, this article identifies the legal characteristics
of the generative AI service provider as a special subject of liability.
It points out that generative AI service providers offer generative
services, making no-fault liability inappropriate. Instead,
fault-based liability should apply, and legal responsibility should
only be borne when there is fault and statutory conditions are met. |
| Keywords: |
artificial intelligence, tort, source of increased
danger, generative artificial intelligence, fault-based liability,
China, civil liability, product liability, no-fault liability, provision
of services |
| For citation: |
Yupeng S. Principles of liability for harm caused by artificial intelligence: the case of China and Russia. Biznes.
Obrazovanie. Pravo = Business. Education. Law. 2026;2(75):268—272. DOI: 10.25683/VOLBI.2026.75.1596. |