Research On The Legal Responsibility Of Phishing

Since the 1990s, "phishing" as a new cybercrime produced in the United States, along with the development of Internet technology, quickly spread to countries around the world. China has entered a period of unprecedented prosperity in the Internet, phishing along with the popularity of network use and frequently emerges. Phishing in its immediacy steal users’ personal information, causing huge economic loss resistance and the difficulty to recover economic losses, dominated the Internet location of the first public nuisance. Face the challenges brought about phishing, Internet technology showing its own deficiencies, and the implementation of the legal responsibility to make up for the embarrassment of the current governance caused due to lack of technology. Function is to prevent legal liability, remedies and penalties, obviously, a clear legal responsibility to be borne by the parties to the main body for the prevention of phishing punish acts of a very important practical significance.Judging from the type of phishing, counterfeiting bank’s official website phishing is most often choosing. Because the most direct access to users’ personal information in this way, the economic benefits are often greater. This article is the official website of the bank to counterfeit phishing case, for example, the three major subjects of banks, online banking users and liability anglers were discussed.For our official website for fake bank phishing cases deal now, because the anglers unidentified, location uncertain, the victim’s online banking users tend to choose banks as the prosecution objects. Applicable in the case of the trial, " Who Proposes proof," the burden of proof in view of the limited capacity of the user, the public security organs in the investigation but also has a certain degree of difficulty, usually the user can only assume he " was fishing" losses. In the long run, this will reduce user confidence in online transactions, thus affecting the network of financial development. The angler’s actions not only violated the property rights of others, but also touched on the country’s financial management order; countries are included in the scope of criminal regulation. But what charges specifically identified, there is no consensus. Existing criminal offenses for behavior regulation phishing slightly lacking, need to be based on the substance of phishing features, combined with the development trend of cyber crime, consider the creation of a new criminal offense. Otherwise it is difficult to effectively regulate phishing behavior. Based on the controversial behavior of the hot issues that exist in phishing demonstrate discussion attempts to analyze the relationship between the law-related subjects, build a reasonable responsibility system.