关键词: AI智能体；功能化工具主义；身份识别；关系主义归责路径；动态治理

Abstract: The autonomous operation and continuous functioning capabilities of AI agents have transcended the operational boundaries of traditional generative AI, which centers on the "input-output" paradigm, and present new normative challenges to the existing "tool-control-responsibility" framework a framework predicated on stable human control. In terms of behavior identification, responsibility attribution, and operational regulation, the current legal system is insufficient to fully accommodate the cross-subject, multi interactive, and continuously operating characteristics of AI agents. Against this backdrop, this paper contends that AI agents should not be granted independent legal personality. Instead, it proposes a response grounded in the functional reconstruction of traditional static tool-oriented rules, while preserving the stability of the existing subject system. Adopting "functional instrumentalism" as the fundamental legal orientation for AI agents, this paper constructs a dual track identification framework "technological identity" and "legal attribution" to align behavioral identifiability with responsibility attributability under conditions of continuous operation. Furthermore, it introduces a "relationalist attribution" approach, which takes control relationships, interest structures, and risk sources as analytical dimensions to allocate responsibilities among multiple subjects in a structured manner. Employing the "principle of minimum necessity" as the boundary for institutional expansion, the paper thereby outlines an integrated governance framework that connects current law, special rules, and technical standards. Accordingly, the logic of AI governance is shifting from a static structure centered on behavioral outcomes and one off liability determinations toward a dynamic structure oriented around process of continuous operation.

Key words: AI agents; functional instrumentalism; identity recognition; relationalistic riability pathway; dynamic governance