On Criminal Regulations Of Phishing

Phishing,it points behaviors of sending a false E-mail, counterfeit famous website or implanted Trojans and other Internet technical means to steal identification of sensitive information.Common behaviors of Phishing are: counterfeit famous site, a large number of spam,embedded Trojan virus in regular site.The spread of Phishing has three reasons:one is the imperfection of legislation in the objective aspect, the second is "low-input high-return" of Phishing in the aspect of crime subject,the third is the victim’s understanding and psychological reasons. There are still many problems in the existing criminal law regarding regulation of Phising. It is necessary and feasible to criminalize Phishing. Certain principles must be followed in Criminal law legislation regarding Phishing:one is the basic principles of criminal law and the principle of respect for basic human rights, the second is balanced principle, the third is the international cooperation principle.Setting up a new crime by criminal law amendment is currently the most suitable legislative model.As for what charges should be added,there are various views. The setting up of the crime of identity information theft in the criminal law can regulate Phishing effectively.