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Research On Several Legal Application Issues In Criminal Cases Of Pseudo Base Stations

Posted on:2018-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:X J DengFull Text:PDF
GTID:2436330542966131Subject:Punishment law
Abstract/Summary:PDF Full Text Request
in recent years,a new kind of crime,pseudo base station crime,is the general term of crime of the false base station equipment as the crime object and tool.This kind of crime has great harmfulness,it disrupted the market order,disrupt the normal order of the communication,will affect the operation of the operator daily,at the same time this kind of crime infringing upon the citizen right of privacy,damage citizen property rights,endangering public security,even endanger state security.Because of this,the law and benefit of the crime of pseudo base-station crime,how to define it is still the most controversial issue in academia.In the judicial practice,because of such crimes qualitative differences,different connection with the given phenomenon is very outstanding,therefore,it is necessary to further study,to make this crime in the judicial practice of qualitative to unity.Based on this,this paper studies the new crime phenomenon which has been produced in recent years,so as to make reference to academic theory and judicial practice.This paper is divided into four parts:The first part of pseudo base station in chongqing procuratorial organ for criminal cases to analyze the basic situation of the sample: pseudo base station is discussed in the case of the main characteristics and harmfulness of pseudo base station's case,its features mainly including charges relatively concentrated,organized crime,strong concealment,wide range,low ratings in remote areas and difficult cases carried these six aspects,the hazards including disrupt the normal order of communication,violate the legal rights and interests of the masses,harm to social stability,these three aspects.The second part mainly analyzes the summary of pseudo base station of legal regulation of the criminal cases and criminal elements: one is from the "criminal law amendment(9)to the pseudo base station case law applicable terms and conditions of the modification and projects definition of judicial interpretation of the current legal regulation are summarized.The second is the object,the harm result and the behavior subject of the crime of the pseudo base station.The third part discusses the overview of pseudo base station associated crime criminal case: it is a production,sales of pseudo base station equipment problems of crime,the second is using pseudo base station transmitting radio signals the cognizance of the crime,the cognizance of the three is committing crimes by using pseudo base station,four pseudo base station is the cognizance of the crime in the crime number question,five is the cognizance of criminal accomplice pseudo base station.The fourth part analyzes the criminal case evidence of pseudo base station: from the difficult problem of electronic data,about the nature of the injured party provides the pseudo base station impact assessment report questions,questions about the proof standard of impaired users mobile phone number of the three aspects analyzes the pseudo base station criminal evidence in case problems,and puts forward related Suggestions to perfect the criminal evidence pseudo base station.
Keywords/Search Tags:pseudo base station, Identification, Composition of crime, Crime number shape
PDF Full Text Request
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