The Dimension and Limit of Criminal Sanction Thinking of Artificial Intelligence "Deep Counterfeiting"

Abstract

The popularization of artificial intelligence "deep forgery" technology has spawned new crimes such as identity fraud and pornographic video forgery, which seriously impact social trust and citizens' personality rights, and challenge the criminal regulation system. Through case analysis and comparative law research, combined with technical deconstruction and judicial practice, this paper evaluates the interpretation space of crimes such as defamation and spreading obscene materials. The existing criminal law can lower the threshold of criminalization through judicial interpretation and cover most types of crimes. China should establish a regulatory framework that emphasizes "judicial optimization as the primary approach, with legislative prudence following suit." At the legislative level, priority should be given to improving the comprehensive protection of biometric information in the Personal Information Protection Law and the Cybersecurity Law, and considering the addition of minor offenses only when technological abuse severely impacts core legal interests. At the same time, it is necessary to strike a balance between technological innovation and risk prevention and control, and achieve collaborative governance through a combination of "technology + law," avoiding the suppression of the healthy development of artificial intelligence by overly harsh criminal policies. Ultimately, the goal is to achieve a dynamic equilibrium between the rule of law and technological ethics.