Judicial Determination Of The Crime Of Disrupting The Order Of Radio Communication

With the progress of science and technology,the popularity of communication facilities,such as pseudo base station of illegal communication facilities exist,people in daily life often will encounter all kinds of fraud,pornographic and other illegal and harassment,spam,seriously affects the social public security,social order and people's life.Nowadays,science and technology to promote technological progress and technology popularization,which led to the illegal crime molecules through manufacture,use of radio equipment simulation mobile communication signal,is engaged in the illegal and criminal activities,to obtain illegal interests or achieve illegal,damage to the social public safety and social management order and seriously affect the normal operation of the social communication.In judicial practice,the offender by the use of radio equipment for signal transmission of criminal case,there are two differences,that is,some judicial work is considered to be a crime against public telecommunications facilities,while some judicial officials believe that it is a crime of disrupting the order of radio communications,due to the violation of legal interests between different,lead to both punishment is put in bigger difference.Therefore,the correct distinction and understanding between the two can help the judicial organs and their staff to be able to adapt to the criminal punishment in the process of judicial activities and maintain the judicial justice.The thesis is divided into three parts: the first part introduces the case and finds the dispute focus.The second part analyzes the case: First,whether the behavior of the actor constitutes a crime,analyzes the case,and makes relevant explanation on this point.Second,from the viewpoint of conform to destroy public telecommunications facilities sin,according to the constitutive requirements of the case of this crime,the author by combining the related theory to analyze the point of view,the author views are put forward.Finally,from the point of view of the crime of disrupting the order of radio communication,this crime is analyzed through the constitution of the crime and its related laws and regulations and judicial interpretation.The third part is the thinking and suggestions,and puts forward the author's point of view,from the perspective of a legally prescribed punishment,the author thinks that the case should be regarded as disrupt radio comunications management order,issued by projects "about to disrupt radio communications management order of criminal case to explain some issues of applicable law,puts forward the suggestions and improve the maneuverability of relevant judicial practice.