Research On Legal Problems Of Pseudo Base Station

In recent years, pseudo-base station have gradually flooded. The general public receive many spam which mask as business promotional SMS or fraud SMS when cell phone signal is masked by pseudo-base station. According to the statistics, chinese mobile phone users have received trash short notes surpassing hundreds of millions in 2013. The behavior disrupt the normal economic order and breed crime. those trash short note contain many cases which someone pose judicial staff or bank staff cheat mobile phone users to remit funds and so on; Pseudo-base station break the contact between cell phone and legal base station when pseudo-base station operate. pseudo-base station affect communication order and make mobile phone not normal operation; Pseudo-base station do not permit by the management and affect the radio management order.For the the harmfulness of the pseudo-base station,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security and the Ministry of State Security Jointly issued a legislation called “the opinions of handle the illegal production and sales using the pseudo-base station by law”.The aim of this legislation is to curb the phenomenon of frequent use of pseudo-base station and investigate the criminal responsibility of the relevant person.But because of formulating this judicial interpretation hasty,it makes judicial interpretation have same problem. The full text contain three parts:The first part of the article introduce the operational principle and social harmfulness of pseudo-base station.The pseudo-base station cheat the Mobile phone to link by Camouflaging as Normal base station.then The pseudo-base station get the IMSI and send out the spam,which harm the personal information, the safety of property and public security.Then introduce the Present situation and The causes of pseudo-base station.The Second part of the article introduce the properties of pseudo-base station sales behavior. The article consider that pseudo-base station sales behavior do not constitute “the crime of illegal business operations”. Because it have not violated of the national regulation and harm the interests of law. The article combine“the regulations of prohibiting the illegal product, sale and use pseudo-base station”. this Judicial interpretation deem sales behavior constitute “The illegal sale of special equipment for the crime of espionage”. But discover that few pseudo-base station integrate the device of eavesdropping and photographing in the judicial practice.The third part of the article introduce the properties of pseudo-base station users behavior.The article consider that pseudo-base station users behavior do not constitute “the crime of illegally obtaining personal information ”.Because the obtaining IMSI can not explained to the citizen individual information on Criminal Law and do not reach the degree of “serious plot”.The article consider that users behavior constitute“the disrupt radio communications management order crime”and“damage the public telecommunications facilities sin”.but as the constitution of“the disrupt radio communications management order crime”require one condition that users behavior have be asked to stop using and refusing to stop. This condition can not be required in practice.According to the Regulations of “the Criminal law amendment(nine)”,this draft have positive meaning and protect the criminal law proper application.