Conflicts and corrections in the attribution logic of tort liability legislation for artificial intelligence
Xu Rongling
Internet Governance Institute (Hangzhou)
Abstract： The development of artificial intelligence (AI) technology poses significant challenges to tort liability legislation, particularly through the conflict between traditional attribution logic and the emerging risktiered liability framework. Theoretically, the risktiered attribution logic originates from the European Union′s riskbased governance scheme for AI. However, it disrupts existing civil tort liability structures, leading to uncertainty in liability allocation among stakeholders. By prioritizing technological risks over distinctions in protected legal interests, this logic inherently conflates the jurisdictional boundaries between administrative law and tort law. AIrelated risks—characterized by severe damages, high likelihood of evading litigation, and substantial informational costs—are difficult to regulate effectively under conventional rightsprotection rules. Consequently, it is imperative to revert to an attribution logic grounded in distinctions among legal interests. Concretely, a clear division of responsibilities between administrative and tort law must be established, with "public interest" serving as the demarcation criterion. When necessary, principled legal provisions may be adopted to address emerging risks in a limited manner, thereby achieving efficient governance of technological risks with minimal institutional costs.
