摘要:没有自由不是绝对的自由,公民自由权利仍然受到一定的限制。上预防和惩治犯罪的需要,根据国家的法律都或多或少已经对公民自由权利的限制。中国的法律还规定,公安机关,检察机关,国家安全机关,或按照程序法所规定的公民的通信,可以检查,监狱部门的沟通也可以对罪犯进行检查。
subject to certain restrictions. National laws based on the need for prevention and punishment of crime , are more or less on the citizens ' right to freedom has been restricted . Chinese law also provides that the public security organs , procuratorial organs of state security organs , or in accordance with procedures prescribed by law for the citizens of communication can be checked , the prison department of communication can also be checked on criminals .
152 of our" conceals, destroys or unlawfully opens another person's letter , violation of civil liberties , in serious cases , to one year imprisonment or criminal detention ." From the above provisions difficult to find, but this crime against individual citizens ' right to freedom , and does not involve units of the right to freedom of communication . Perpetrator conceals, destroys or illegally opening letters between the units , even if the circumstances are serious violations of freedom of communication does not constitute the crime . This makes the criminal law on civil protection of the rights of freedom of communication a legal loophole , mainly in the following aspects: First, the contact unit in the letter to not only include postal workers , but also the work of the unit responsible for the transmission of staff . Since the monotony of work transceivers , each unit is often by hiring contract workers to be responsible for this work , so these people are neither postal workers do not belong to the staff of state organs . For them conceal, destroy or illegally opening act letter units , the judiciary can not be convicted and punished accordingly . Second, the units will generally take a more secret letters strict security measures, so not easy violated. The large number of contacts between units of the general correspondence has been more vulnerable to abuse, thereby causing the unit more serious consequences. On the contents of such letters concerned, neither a state secret , nor is commercial secrets. Therefore, the behavior of these letters are often violated by less than the legal accountability , the unit's right to freedom and other legitimate rights and interests are not properly protected.
The author believes that the rapid development of today's society , institutions and citizens as a social subject, in the political , economic, cultural and other aspects play an equally important role, therefore, units and citizens should have the same right to freedom of communication , which is both social development needs, but also the legal system development needs.
Crime is crime object pointed to the existence of human and material status . Crime object carrier is a certain people and things , but the crime is a crime contents of the object affected by the presence of people and things the state . The crime of violation of freedom of communication objects is another person's letter , however, the meaning of the letter about others , but it is divergent , uncompromising. Therefore , we need to focus on an analysis of the meaning of the letters of others .
The author believes that another person's letter of "others" includes not only natural , but should also include legal and illegal human tissue . However, some scholars believe that the unit can not be considered people , "others" in the " people " can only be a natural person , violations of freedom of communication specif
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