Phishing And Criminal Regulation Perfect

Phishing is a rising network of fraud since the mid 90's in last century. Since the aftermath of the first occurred in the United States around 1996, it rapidly spread to the countries having more developed internet technology. In recent years, phishing attacks have repeatedly occurred in China and the situation is intensifying. The international society actively responds to the phishing epidemic, while we seems to be somewhat lagging behind in the field of regulating and preventing the phishing behaviors.Essentially speaking, phishing is a kind of online theft behavior which related to the personal information about identification. In view of the importance of personal information about identification in people's daily life and in the face of increasingly turbulent phishing attacks, the author advocates learning from international society, especially the American experience which prevents and regulates such behaviors through the criminal legislation. Thus, the thesis suggests perfecting the existing criminal law in our country, by adding a new crime of illegally obtaining information about identification, following the Penal Code article 285, paragraph 3, and making it as one of the article 285, in the purpose of meeting the need of regulating phishing practices.The thesis analyzes and demonstrates the recommendation through four chapters. The first chapter mainly defines the content of phishing, outlines the forms of phishing, and analyzes the damages caused by phishing. The second chapter mainly introduces the world's legal status and trend of preventing and regulating phishing, especially the USA laws, which is in the forefront of the world. Meanwhile, the chapter also analyzes China's legal status and deficiencies in preventing and regulating the phishing. On the basis of the analysis above, the third chapter demonstrates the conception and rationality of adding a new crime which is obtaining information illegally after the Penal Code article 285, paragraph 3. The fourth chapter analyzes the identification of this new crime and the differences between the new crime and other related crimes.