Research On The Determination Of Crime Related To“pseudo Base Station”

As a new type of high-tech crime product,the “pseudo-base station” has rapidly spread to all parts of the country.Cases of committing crimes using this device are endless and criminal forms are varied.When the judicial authorities crack down on such crimes,they have different opinions on the determination of the offenses,resulting in a very different judgment in similar cases.The "Opinions" stipulated eight related charges for cases involving "pseudo-base stations".However,due to the abstractness and lag of the law,it is difficult to form a consensus on the determination of specific charges in judicial practice.This article is mainly divided into two parts: the introduction and the text.The main part is divided into five chapters.The purpose and significance of the research in this paper are stated in the introduction,and then the working principle and social harmfulness of the "pseudo-base station" are discussed.The first chapter is the proposal of the problem.It proposes several typical cases of “pseudo-base station” behavior in judicial practice,and puts forward this type of behavior in crime and non-crime,the determination of this crime and other crimes,and the number of SMS messages issued by mobile companies.Problems and disputes in the validity of the test report's evidence.The second chapter mainly discusses whether the behavior of "pseudo-base station" constitutes a crime,and analyzes and contrasts the views of guilty and guilty,and puts forward the viewpoint of this article.The third chapter discusses the identification of related crimes in the case and the issue of involvement in competition.First of all,we will discuss and analyze the crimes of destroying public telecommunication facilities and disrupting the management of radio communications.Secondly,the use of “pseudo-base stations” to send fraudulent information to constitute fraud and other crimes at the same time is discussed,and it is difficult to verify the amount of fraud or fraudulent amounts in the use of “pseudo-base stations” fraud crimes is not a large amount,but judicial interpretation An analysis of the circumstances of the imposition of a crime;once again,it discusses whether the use of the “pseudo-base station” business information dissemination business constitutes the crime of illegal business and the identification of charges in such cases.The fourth chapter mainly analyzes the related issues of joint crimes,and analyzeswhether the “knowledge”,“technical support”,and the behavior of upgrading and maintaining equipment stipulated in the “Opinions” constitute joint crimes.The fifth chapter of this article mainly concerns the problem of the validity of evidence in the criminal procedure law.Through the discussion of the subject qualifications of the mobile and other operators as appraisers and the nature of the test reports issued by them,the effectiveness of the evidence of the test report is demonstrated.Finally,in the concluding part of this article,we propose some measures to prevent and combat the crimes of "pseudo-base station crimes," and strive to make such crimes effective.In addition,in the face of such high-tech crimes,we must always be vigilant against the infringements.The fight against such crimes is still a long way to go,but I firmly believe that with the joint efforts of all departments,the increasingly effective improvement of laws and regulations will lead to greater achievements in the fight against the “pseudo-base station” behavior.Make criminals get the punishment they deserve.