On The Criminal Law Regulation Of "Fake Base Station"

For the past two years,the illegal production,sale and usage of 'fake base station'spread so fast that it has been becoming increasingly fierce.The criminals utilize 'fake base station' to steal a large number of information of mobile phone users and arbitrarily use public service number and people's phone number to wantonly force to send advertising and phishing messages which seriously damage interests of the masses and endanger national security.'Fake base station',as a new type of crime,is rarely studied thoroughly at present.So this paper firstly proposes the definition and concept of this new type crime-'fake base station';then analyzes the extension,characteristics and perniciousness of this kind of crime and introduces the rules and regulations of criminal law on 'fake base station',existing problems and relevant experiences on the 'fake base station';finally brings up the opinions about modification and regulation of 'fake base station' in penal law.Chapter one is the criminal overview of 'fake base station'.Currently,it's still missing about the definition of 'fake base station' by law experts.So this paper gives induction and definition about this king of crime based on an intensive study.The criminal extension includes regarding the 'fake base station' as a target and means of crime.Except for the traditional criminal characteristics,it also has features as strong liquidity,concealment and great fraudulence.'fake base station' has fortissimo perniciousness which will not only harm the telecom communication order,citizens' property,but also be used to spread rumors and reactionary information,causing serious damage to national security and social stability.Chapter two describes the domestic rules and regulations of criminal laws on 'fake base station'.At present,our country mainly attacks the crime of fake base station with 8 accusations as the crime of illegal business,destruction of public telecommunications facilities,the crime of fraud,crime of false advertising,illegal steal for citizens' personal information,destruction of computer information system,disruption of radio communications management order,illegal production and sales agents and special equipment.However,there still exists ineffectively regulation of 'fake base station',inaccurate judicial interpretation of part of the accusations and unreasonable cognizance of the quantity of crime and etc.Chapter three represents the law regulation and relevant experiences at home and abroad of 'fake base station'.As a new sprouted thing,it is spreading in our country and even the whole world is facing with the security threat.So,many countries are now studying on how to deal with it with crime names such as improper access to computer data,interference with the computer system,the crime of illegal use of radio equipment and spam messages.Chapter four is about the improvement of law regulation of 'fake base station'.In order to effectively restraint and prevent from the crime of 'fake base station',this paper suggests improving the legislation on illegal possession and usage of 'fake base station',spam message delivery and disturbance of radio management and perfecting the jurisdiction on application to destroying computerized information system,illegal use of eavesdropping and camera equipment,cumulative punishments and etc.