Research On The Punishment Of Attempted Instigates-Phishing Criminal Law Identified Research Questions

With the rapid development of the Internet and e-commerce,phishing began to rise in the network as a network fraud in the mid-1990s.Since its earliest happened in 1996 in the United States,it has become a very popular international illegal and criminal behavior.China is a country which subject to seriously phishing.So the research of phishing criminal law is important to maintain healthy economic and social development.Phisher who steal others' identity information,not only violates the network user's personal information privacy,but also poses a threat to the life safety and property,at the same time,disturbed the normal network operations such as social order.About phishing behavior,a lot of countermeasures had been made abroad,such as the United States,Canada,Japan,Australia,Britain and other developed capitalist countries in the world.On the one hand,they prevent such acts from the computer technology,on the other hand from the laws.Among them,the most thorough study is the United States,who has already begun legislation practice at the federal and state levels.However,in our country,the research of direct against phishing behavior is less.At present,our country laws in particular criminal law are sufficient to conduct this conviction and sentencing.On November 1,2015,"criminal law amendment nine" starts to be effective,although there is no clear definition of phishing,no special provisions for phishing behavior regulation,but the amendment can also blow to phishing behavior into a crime.In this paper,based on the concept of phishing,its characteristics and status analysis,the basic problem of phishing were clarified.Then qualitative analysis of its morphology and behavior were done.The final results show that the existing criminal law is sufficient to conduct phishing conviction and sentencing.