Zang Jinquan Phishing Case Legal Analysis

With the coverage of the Internet and the development of shopping ways, online The proportion of online shopping in economic behavior is increasing day by day. At the same time, some criminals commit their crimes by using Internet users’ trust in online shopping, "phishing" cases has become a kind of recurrent cases. It not only disturbs the social order, but also direct threats the safety of people’s property. Network crime is a new forms of traditional crime based on Internet, network crime has its own characteristics: One is the number of crime, the amount of money involved continues to increase. Second is cross-region actualizing theft, fraud and other criminal activities to the majority of unspecific people, making exorbitant profits little by little. Third is by using network technology, with the aid of network covert implementation, its technicality and concealment are more advanced. The fourth is the complexity and diversity of the criminal means, frequently theft, fraud and other acts intertwine. This paper is divided into four parts:The first part,This paper expounds the significance and background of the topic, and introduces the research methods, research ideas and innovation points of this paper. Through case analysis and comparative analysis, this paper expounds the specific issues involved in the case.The second part, Briefly described the basic facts of Zang Jinquan phishing case, and summarized the controversy. First of all, due to the intervention of network factors, resulting in the traditional crime in discontinuing form alienated, in qualitative is often considered to be the computer network crime; Secondly, in the network environment how to distinguish theft and the fraud crime has become a key point for settling these lawsuits; Thirdly, in the network environment, how to distinguish the crime of theft and fraud has become the key point and the difficulty of the case.The third part, is based on the legal analysis of Zang Jinquan Phishing case, one is elaborated on jurisdiction of cyber crime in criminal theories and their respective of advantages and disadvantages, including web site under the jurisdiction of the theory, the server is located under the jurisdiction of the theory, the minimum contact theory, limited jurisdiction theory that the jurisdiction of network crime should still to territorial jurisdiction in the crime jurisdiction for basic basis. Two is clear and define the relationship between network fishing theft crime and the destruction of computer information systems crime, The legal interest that the destruction of computer information systems crime violates is the computer information system safety, the "serious consequences" in law is directly for the safety of computer information system, if the delicate did not affect the normal operation of the computer information system, criminating on the basis of the theory of implicate offender is unreasonable. Three is in order to distinguish phishing in theft crime and the crime of fraud, from the disposition of the three elements, which are the property directly impairment, consciousness disposition, disposition of voluntary to identify the nature of act in phishing theft and fraud that intertwined together.The fourth part, based on the thought of mine through this case to the future of the criminal law under the background of the Internet, and the measures of the prevention and control of phishing case, I recommend, in the sub clause of the "criminal law" should stipulate network theft crimes specially, and expand the purview of the subject of the crime, clear the legal attribute of virtual property in the electronic money, improve the kinds of punishment, and put forward practical measures, improve the network user’s awareness of self-protection.