| Compared with the theory of criminal law having different point of view, the practical judicature has been more controversial about the ille gal use of pseudo base-station. In order to solve the illegal use of pseudo base-station case qualitative inaccurate problem in the judicial practice, and then play a deterrent effect on the criminal who illegal use of pseudo base-station,the author gathered many typical cases of pseudo base-station from some provinces and municipalities, then analyse the scholars from all walks of life, and finally compiles a relatively comprehensive qualitative train of thought.This paper consists five chapters and try to discuss the specific problems of qualitative pseudo base-station layers of in-depth. The introduction section has a brief description ofpseudo base-station and then analysis the criminal behavior by illegal use of pseudo base-station specificly and qualitatively. The second chapter first introduces the definition and principles of pseudo base-station, then introduces the typical case of pseudo base-station crime and the issues. Chapter three analyzes the focus of dispute of criminal cases. It respectively approaches the case-dispute and reasons of the actors from four aspects: the charge of disturbing order of wireless arrangement, the charge of destructing public telecom facilities, the charge of acquiring personal information illegally, the charge of swindling.The fourth chapter analysis the behavior of the illegal use of pseudo base-station qualitively through two angles which is using pseudo base-station to send pure commercial adevertising and using pseudo base-station to release illegal information. It combines the case to illustrate the reasons why the illegal using of pseudo base-station dose not constitute a crime of illegal for citizens’personal information and the reasons of actions about disturbing order of wireless arrangement and the destructing public telecom facilities’imaginative joiner of offense, also the reason why the offender behavior constitute a breach of the public telecommunications facilities and the crime of fraud. This part is also the focus of this article, and wish to play a role in the judicial practice. Chapter five is a conclusion.In totally, there are various criminal behaviors by using pseudo base-stations and the situation is relatively complex. It is necessary to analyze the essence of pseudo base-station based on specific cases. Only in this way it can make a wise qualitative analysis in practice accurately and eliminate the social threatening which produces by actions of illegal use of pseudo base-station. |
