AI Governance Compare

AI liability and pending legislation in China

CN·draft·Grade B·checked 2026-10-10·source ↗

authority
NPC and State Council
published
—
effective
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status
draft

China has no dedicated AI law yet and no AI-specific civil liability instrument. Harm from AI is handled by general civil law plus administrative rules — and comprehensive AI legislation is now an explicit item on the State Council's 2026 legislative plan.

In one line

Liability today is administrative-first: regulators act through filing, assessment, takedown and fines; private claims fall back on the Civil Code. A comprehensive AI law is now formally on the legislative agenda.

Comprehensive AI legislation — status

This is a status note, not a law card. No AI law exists yet, so published and effective are empty by design: there is no instrument to date. The routes below are the ones currently in force.

Where liability currently sits

Route Instrument Notes
Civil — tort Civil Code, tort liability chapter (effective 2021-01-01) Fault-based liability, with special rules for specified situations.
Civil — product Civil Code, product liability provisions Applies to defective products; whether an AI-enabled service counts as a "product" is unsettled ⚠.
Statutory AI clause Cybersecurity Law, new Article 20 (amendment adopted 2025-10-28, in force 2026-01-01) Supports basic AI research, training-data and computing infrastructure, AI ethics and risk monitoring, and the use of AI to raise network-security protection. A promotional clause — it creates no liability of its own.
Administrative Interim Measures for Generative AI Services (effective 2023-08-15) Filing, security assessment, content compliance; penalties handled under the Cybersecurity Law, Data Security Law, PIPL and similar. The amended Cybersecurity Law (in force 2026-01-01) reaches up to RMB 10 million, with up to RMB 1 million on responsible individuals, on two separate triggers — Article 61 for network-security failures and Article 69 for prohibited information — each transcribed in the Cybersecurity Law card.
Administrative Algorithmic Recommendation Provisions (Order No. 9) Filing, security assessment, warnings, suspension of information updates, RMB 10,000–100,000 fines.
Ethics Measures for Ethical Review of Science and Technology (trial) (effective 2023-12-01) Ethics review as a pre-condition for certain research and applications.

What is not there yet

Unverified / TODO

Official sources