China · Judicial policy

China: SPC Opinions on AI Disputes

Issued as Fa Fa [2026] No. 10, these judicial policy opinions contain 24 provisions in five parts covering AI-related torts, intellectual property, technology contracts, evidence and adjudication mechanisms. The text specifies no separate commencement date. This English overview is an editorial summary; the linked on-site text is the official Chinese original.

Current status
Published
Published or updated
7 September 2026
Last verified
8 September 2026

Prepared by Longan Bay Area AI Legal Research Center based on official public materials.

01

Scope of application & addressees

  • People’s courts adjudicating AI-related disputes
  • AI developers, service providers, users and affected rights holders
  • Lawyers and other participants preparing litigation materials

02

Core regulatory mandates & key requirements

01Liability follows the applicable legislation. Fault-based liability applies where the law does not expressly provide for strict liability or presumed fault, with the application context, risks and preventive measures considered.

02The opinions address face and voice synthesis, privacy infringements, the use of publicly available personal information for training, and providers’ responses to infringement notices.

03Copyright liability depends on factors including training data sources, participation and safeguards. Developers asserting a non-infringement defence must provide supporting material such as data sources and training records.

04Open-source software, patents, technology contracts and data disputes require assessment of licence terms, human creative contributions, contractual commitments and lawful data acquisition.

05Courts should scrutinise electronic and AI-generated evidence. Participants using AI-generated litigation materials must verify legal references and cases before filing and disclose the use of AI assistance to the court.

03

Enforcement & compliance timeline

The Supreme People’s Court published Fa Fa [2026] No. 10 and held a press conference.

Primary text

Statutory & regulatory text

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