Research Questions "Pseudo Base Station" Crime

"Pseudo Base Station" Crime is a new crime produced in recent years. It is a series of crimes with pseudo base station equipment for criminal objects or criminal tools. It destroyed the normal order of the telecom operators, endangering public security, infringe upon citizens’ privacy, disturb the market order, seriously affecting the user mobile phone use, damage to the citizen property rights, and even a threat to national security, social harmfulness is extremely serious.To guide and handle criminal cases pseudo base stations, "Opinions of handling the cases based on the law about pseudo base station’s illegal product,sale or use" is clearly pointed out that can identify damage the public telecommunications facilities facilities sin,the crime of illegal business operation,disrupt radio communications management order crime,etc.It has practical significance for the fight against crime and can accurately identify crime.But the conviction and sentencing standards still too general,such as "endanger public security" behavior cognizance.The existing criminal law provisions and relevant judicial interpretations has lagged.Some crime punishment is too light, such as disrupting radio communications management order crime.The standard of conviction and sentencing of some provisions are too vague or general, such as the use of pseudo base station operating bulk SMS business whether the cognizance of the crime of illegal business operation. In the identification of common crime, it has some debates on financial assistance behavior and Technical Assistance. In the number of crimes,the problem is that how to identifed the Concurrence of articles of law, Imaginative joinder, Implicated offender and Absorption guilty in "Pseudo Base Station" Crime.