The use of AI face-swapping to produce obscene materials,impersonate other people's identities,and infringe on other people's copyrights not only infringes on social legal interests but also directly jeopardizes individual legal interests.Existing interpretive theories do not pay attention to the serious infringement of personal legal interests by such acts,preferring to punish the crime with the protection of social legal interests,even at the expense of analogical interpretations,but it is still difficult to achieve comprehensive regulation of AI face-swapping acts.Due to the unbalanced punishment of the legislative theory,it also ignores the limitations of multiple punishment for criminal competition,so that the legislative purpose cannot be achieved.Through a full evaluation of legal interests and the number of offenses,achieving multiple punishment is no longer necessary.The purpose of criminal determination is to achieve a non-repetitive and non-omissive evaluation of the illegality of behavior.AI face-swapping behavior should be evaluated for imaginary competition when infringing on heterogeneous legal interests,and the existence of multiple acts should be fully evaluated to achieve multiple offenses and penalties.It is not appropriate to choose a felony punishment based on the theory of guilt by association or selective charges.
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