Reflections On Criminal Law Of Pseudo - Base Station Cases

The Pseudo base station cases present the following characteristics: criminal tools with high technology, simple operation, low cost; Crime of liquidity; joint crime, closely linked between organizations; Criming against the law, high repeated crime rate; formed a industrial chain. Currently, Administrative sanctions is insufficient and criminal law is lagging, There are applicable conflicts between "opinion" and "criminal law" regulation.About the Pseudo base station cases,there are two ideas namely guilty and innocent. Doctrine of innocence based on the austerity of criminal law, Administrative law is enough. Into sin said that the social harmfulness of the Pseudo base station is big, violating telecom operators interests, endangering public safety and property safety; at the same time preventing crime again. Personally think the criminal law has the necessary of regulation to the Pseudo base station case, this case seriously infringe the various legal interests of the criminal law.The constituent elements of Pseudo base station crime: the object, the harm results, the subject. this cases endange public security, threat the safety of public and private property, personal information security, disturb the order of market management and so on. The subject of the crime includes the unit, but some times the standard of identify is different.In practice, the Pseudo base station case mainly form the following several crimes: the crime of illegal business, the crime of destroy public telecommunications facilities, the crime of illegal production and sales special equipment, the crime of disrupt radio communications management order, the crime of fraud. Other crimes include the crime of false advertising, illegal for citizens’ information, the crime of illegal invading and control computer information system.The Pseudo base station Cases involved the cognizance of complicity and Crime number.Whether producers, sellers and users are an accomplice; Whether advertisers and advertising agents(users) established an accomplice. At the same time, distinguishing a crime or several crimes, Combined punishment for several crimes.The Follow-up management of Pseudo base station should complete the law, joint the relevant departments to enforcement actions.