The Determination And Disposition Of Committing A Crime By Using Pseudo Base Station

In recent years,utilizing the pseudo base station to crime is a newly created behavior.The reason why it rises is that the criminals mainly use pseudo base station as the object of crime or criminal tools.It not only destroys normal communication equipment that affects normal activities of the carrier operator,but also violates citizen privacy right and property right that affects their normal use.In addition,this behavior has a serious influence on public safety and national security.Just because of this,there are some controversial views put forward by a great many specialists on theory and practice.The former mainly has controversy over two aspects.One is that the new crime behavior invades legal interests,and the other is that how judicial authority deals with this type of crime.The latter mainly produces different views on the qualitative case,so that different judgments in the same type of case is a habitual phenomenon.The research idea of this paper is to follow the basic principles of logical thinking.First of all,from the concept and current situation of using pseudo base station as crime,we should clarify the status quo and characteristics of this kind of crime.Consolidating the present situation of legal regulation,we can get the overall picture of the general situation of the crime,which helps to provide qualitative analysis for pseudo base station crime.Secondly,from the aspect of criminal theory,to analyze the key components,type of the crime and the distinctions between one crime and another crime is good for us.It does help for us to clarify the legal interests and law provisions about how to deal with the criminal violations by using pseudo base station as crime.From that we have a clear think on crime qualitative problems,which can make us provide the theoretical reference for judicial practice.Last but not least,the purpose of making analysis of cognizance of complicity and crime number state is to solve this kind crime issue.Taken together,the crime of using pseudo base station has these characteristics: variety,wider coverage,low criminal cost,development gradually to group,industrialized and accurate direction.It brings increasing damages to the society.By collecting the typical cases from each province and city and combining the concept of scholars,the writer finally put forward a relatively comprehensive qualitative thinking.Its purpose is to solve the inaccurate,and not unified problems of punishment regarding crimes of illegal production,sale,using pseudo base station,existing in judicial practice.Hope to guide judicial practice and make contribution to criminal law regulation of pseudo base station crime.