Legal Regulation Of The Information Security Of Online Transactions

The current security crisis of online transaction information in China mainly arises from illegal use of personal information for merchants,thus the study takes the personal information in the course of online transaction as the object.There are many problems existing in our country's legal safeguard mechanism of personal information in the online transactions,such as scattered legislation,obscure provisions,absence of supervision and enforcement as well as other problems,which creates an embarrassing situation without enough legal regulation.Plenty of merchants choose to illegally take advantage of the personal information in online transactions so as to obtaining more benefits,and further leading to the increasingly severe problem of information security.With respect to the problems existing in the current legal safeguard mechanism,the author would discusses and analyze the mechanism design theory as a new way of thinking.The principal agent model of mechanism design theory is the core of the thesis.First of all,the establishment of the principal-agent model between law enforcement and merchants can effectively make up for the weakness of the legal safeguard mechanism for personal information security.Secondly,the author completes the mechanism model in the principal agent model of law enforcement and merchants to get the optimal solution.The merits lie in the annexation of the participation constraint mechanism and incentive compatibility mechanism,so that merchants are under strict legal constraints while at the same time,obtain the corresponding incentives.In this way,merchants could achieve the ideal goal that people with legal consciousness would voluntarily choose lawful behaviors on their online transactions concerning personal information network.Finally,with reference to the design mechanism abroad,and combination with the optimal equilibrium solution of the participation constraint mechanism and incentive compatibility mechanism,the thesis puts forward specific suggestions on how to improve the legal safeguard mechanism of online transaction personal information security.