One, privately leaves tear open, hide, the concept of blame of annul mail, cable
Privately leaves tear open, hide, blame of annul mail, cable, it is the advantage that shows postal clerk uses officially, privately leaves to tear open or hide, behavior of annul mail, telegraphic.
Lawyer of major of argue of punishment of Xu Jinfeng's lawyer
2, privately leaves tear open, hide, of blame of annul mail, cable make important document
Object important document
The object that this blame encroachs is complex object, that is to say, postal clerk uses the job, privately leaves tear open, hide or behavior of annul mail, telegraphic, not only enroach on communication freedom of the citizen and communication secret counterpoise, also enroach on the normal activity of branch of national post and telecommunications and credit. Above all, the main object that this blame encroachs is communication freedom right of the citizen. According to the concerned regulation of our country constitution, our country citizen enjoys communication freedom to counterpoise, communication freedom of the citizen and communication secret get legal protection, the duty of postal clerk makes sure the citizen's mail, cable sends well and truly in addressee hand namely.
A few postal clerk pursues the individual's self-interest to chase after or stem from very his despicable motive, disregard party disipline and the law of the state unexpectedly, use post, job, illicit tear open, hide, annul mail, cable, often meet a victim cause huge harm. Some victims are interrupted because of connection, information fails to be communicated in time, bungle the production of factory, enterprise; Some remittance by filch, falsely claim as one's own, lawful property is encroached; Some citizens because correspondence by illicit tear open, a few individual privacy are divulged, severe pressure was sustained on spirit; Some criterion because correspondence, cable by annul, hide, connection is lost between relatives and friends, bring about suspicious each other, the family produces contradictory, burst or relation of lover, friend is interrupted, etc. Accordingly, postal clerk illicit is torn open, hide, behavior of annul mail, telegraphic, encroach badly be free to citizen communication authority. Next, postal clerk illicit is torn open, hide or the normal activity that behavior of annul mail, telegraphic also violated section of communication of post and telecommunications is harmonic praise, caused severe loss to the country.
The management that postal company is system of ownership of the whole people is postal the public company of business, post and telecommunications corresponds run have whole journey total net the characteristic of teamwork, for example, one is sent toward the correspondence outside the province, want to pass bureau of exit bureau, transit office, entrance commonly, should by sorting member, the continuous efforts of the 5 high-ranking officials such as the member that seal the member that send, escort in transportation, member that distribute, mailman cooperates, ability by sender in addressee hand is being placed in the hand. If the staff member on any one annulus of afore-mentioned link uses a post, illicit tear open, hide or annul this letter, the communication that affects sender and addressee directly not only counterpoises, and make postal network sth resembling a net is destroyed forthrightly, affect the communication quality of branch of whole post and telecommunications and reputation. In the meantime, because of,the country still should compensate for a citizen mail, cable by illicit tear open, hide or annul and the immediate pecuniary loss that cause. So, postal clerk illicit is torn open or hide, the enroach on that behavior of annul mail, telegraphic also is communication of pair of national post and telecommunications.
The object that this blame encroachs is mail and cable. According to the regulation of our country law of post, mail, it is to point to send announcement of the letter that give, presswork, postal parcel, remittance, the press to wait through postal company; Mail is divided again everyday postal matter is mixed according to mail. Everyday postal matter, it is to show postal company and its branch are closing receipt is not issued when sending, the mail of addressee sign after receiving sth is not tried when deliver; Give according to mail, it is to point to mail of registration correspondence, postal parcel, support value to wait to reach its by postal company the branch is closing receipt is issued when sending, the mail of sign after receiving sth of addressee of the requirement when deliver. So-called letter, it is to point to letter and postcard. It is a kind of document that in order to transmits a meaning to specific person. Alleged cable, it is the symbol that shows by telecommunication the network is delivered, character. Staff member of post and telecommunications uses a post, privately leaves to tear open or hide, annul mail, cable, encroached the normal activity of institution of national post and telecommunications badly, destroyed the working order of door of Ministry of Posts and Telecommunications and credit directly, the communication freedom that still violated a citizen at the same time and the right with private communication.
Objective important document
This blame behaves the advantage that exploits officially for postal clerk in impersonal aspect, privately leaves tear open, hide, behavior of annul mail, telegraphic. The impersonal aspect of compose cost suffering has two characteristics:
1, must privately leaves tear open, hide, behavior of annul mail, telegraphic. Alleged privately leaves tear open, it is to show illegal do sth without authorization leaves dismantle other mail, wire, make seal the behavior of close invalidation, legal action is not restricted here. Alleged " Feng Jian " it is the content that incites epistolary, cable, presswork from exterior the measure that cannot understand. Be like a letter to load envelope paste to go up, presswork wraps up with paper on, postal parcel uses seam classy. Privately leaves tear open do not be in order to destroy Feng Jian necessary, behavior person privately leaves to whether is correspondence content read after tearing open or understand correspondence content, or illicit close is sealed to recover from an illness all right again after tearing open etc, all do not affect this blame hold water. Alleged hide, it is to point to give mail, cable hold back or be collected and the conduct that don't bother to see me out makes addressee. Alleged annul, it is to point to give mail, cable tear to shreds, annihilate or abandon, cause the behaviour that others cannot find. Other is to point to specific person, include a natural person not only, and the group that includes way support of the people to do not have corporate organization.
Make this crime and do not beg behavior person to be had at the same time illicit tear open, hide, 3 kinds of forms should carry out annul only among them one of person, can form. If two plant or have, still with this blame one blame punish, disloyal linage blame is punished.
2, must have those who use a post behavior, ability makes this crime. Whether staff member of post and telecommunications uses a post illicit tear open, hide, annul Post, cable, be whether the important sign of compose cost suffering. If do not have,use a post do not talk with this blame. Alleged those who use a post, it is to show staff member of post and telecommunications is used do business, the sorting, duty condition that accepts the functionary place such as hair, escort in transportation, deliver to gift, undertake violation the guilty activity of duty. Use a post, include the leader of door of Ministry of Posts and Telecommunications to use a post not only, and those who include staff member of general post and telecommunications to use functionary activity is convenient inside. Below most circumstance, crime is in the majority with latter.
This blame main body
The main body of this blame is special main body, namely postal clerk, namely the cadre of branch of national post and telecommunications, business personnel, sorting member, the member that accept the member that send, escort in transportation, member that receive a station, member that carry, according to law of post the 8th the 2nd custom, postal company foundation needs what postal company specializes in business to entrust other unit or individual to do sth for sb do sth for sb personnel, deal with postal when this Wu, also should regard postal clerk as. Be not staff member of post and telecommunications or work in door of Ministry of Posts and Telecommunications but the personnel that does not contact with mail, cable, cannot make this crime main body. If their illicit is torn open, concealed swims or annul other correspondence, the clue is serious, form what Benfadi sets 252 times to violate communication free crime. If be a purpose with filch property, privately leaves tear open, hide, or annul mail, cable, filch property number is larger, make theft.
Subjective important document
Error does not make this crime. The travel humanness of this blame, in subjective go up to know perfectly well privately to leave not only tear open, hide, annul other mail, cable is to disobey from already the illegal behavior of duty obligation and regulations system, and right of secret of the interest that knows perfectly well this kind of behavior to be able to give another person and communication freedom, communication is caused damage, cause consequence of other and serious harm even, destroy the fame of career of national post and telecommunications, the normal word of branch of obstructive post and telecommunications is moved, but stem from some kind of individual motive and desire, hope however or the happening that indulge endangers a result this kind. Guilty motive is varied. Some for filch some is planted certificate; Some for filch woman photo, a miniature reproduction of a painting; Some wait for property for filch money, valuable, negotiable securities; Some purposes steal the privacy in seeing other believe, secret; Have a plenty of lazy, covet mail of easy and comfortable don't bother to see me out, cable and try to hide, annul; Have a plenty of retaliation of the personal spite that it is discharge, graph to wait, below general situation, the guilty motive of behavior person and purpose do not affect this blame hold water.
3, privately leaves tear open, hide, the cognizance of blame of annul mail, cable
The bounds of this blame and legal action
According to criminal procedural law the 116th sets: "Investigation personnel thinks to need time of the mail of sequestered crime suspect, telegraphic, mechanism of classics public security or person procuratorate approval, check of the mail that can inform post and telecommunications mechanism will be concerned, cable hands in distrain. Do not need to continue sequestered when, answer to inform post and telecommunications of mechanism namely. " the announcement of staff member of post and telecommunications according to criminal law mechanism, make check of concerned mail, cable distrain, it is completely legal action, with illicit tear open, hide, behavior of annul mail, telegraphic has substaintial distinction. But, mail is electrical engineering: Make personnel do not need to continue in judiciary announcement after sequestered mail, cable, and continue the person that distrain hides, perhaps be in lawfully after distrain and judiciary of don't bother to see me out, however do sth without authorization leaves tear open examination, sequestered mail, telegraphic, also belong to illegal behavior, still and with this blame punish
This blame and the bounds that are not a blame
What did not commit a crime is intended, happen as a result of neglectful error behavior place however tear open by accident, lose postbag, correspondence, wrap up, telegraphic, do not make this crime. Music at the job irresponsible, derelict, lose mail, cable, deliver of incur loss through delay, the clue is slight, the harm is not great, can give disciplinary sanction by director branch; The clue is serious, the interest that gives country and people causes great losing, should according to Benfadi 397 custom, investigate criminal duty with derelict blame. In addition, although behavior person belongs to intended illicit to tear open, hide or annul mail, cable, but the clue is remarkable and slight, also do not make this crime, can give disciplinary treatment when necessary.
This blame and the limit that violate communication freedom crime
They are in subjective going up is by form intentionally, impersonal aspect was carried out illicit tear open, hide, the behavior of annul correspondence. Its distinction depends on:
1, guilty subject is different. This blame is special main body, must form by staff member of post and telecommunications; And violating crime of citizen communication freedom is general main body, always achieve criminal responsibility age to have the average per capita of responsibility ability to be able to be formed.
2, guilty object is different. The object that this blame encroachs is the normal activity of branch of national post and telecommunications; And the right that the object that encroachs blame of citizen communication freedom is citizen communication freedom and communication secret. In addition, the object of enroach on also not just the same. This blame the object of enroach on is mail and cable, and violate crime of citizen communication freedom the object of enroach on is confined to correspondence, range is formerer and narrow.
3, objective important document is different. This blame with using a post it is important document, belong to the crime of property of dereliction of duty; Those who violate crime of citizen communication freedom hold water to have nothing to do with the post of behavior person. If staff member of post and telecommunications does not have those who use a post illicit tear open, hide or annul correspondence, the clue is serious, form violate crime of citizen communication freedom, and this blame is with this make important document.
Corruption blame and staff member of post and telecommunications make the dividing line of larceny
This the 2nd is to point to what commit this crime and steal property, according to the 264th larceny from heavy punishment. Although it has the quality that embezzles a blame, but the part that makes larceny have likeness with staff member of post and telecommunications: Both main body important document is staff member of post and telecommunications, impersonal aspect has the action from property of the filch in mail. Divisional and both key depends on whether using a post for the person all right, from property of the filch in mail; And larceny has nothing to do with behavior person post, it is the convenience condition that staff member of post and telecommunications uses the job to go up commonly, if know the inside information of door of Ministry of Posts and Telecommunications, rule of familiar and in-house activity, carry out the property in stealing mail.
4, privately leaves tear open, hide, the standard of measurement of penalty of blame of annul mail, cable
Commit this crime, be in 2 years of the following set term of imprisonments or arrest battle.
5, privately leaves tear open, hide, the standard of put on record of blame of annul mail, cable
Those who have one of following state, yingyu put on record:
1. illicit is torn open or hide, annul mail, cable, frequency more or the amount is larger;
2. illicit is torn open or hide, annul mail, and from which of filch property;
3. illicit is torn open or hide, annul mail, cable, although the time is not much, the amount is not large, but to country, collective interest and citizen legitimate rights and interests causes serious consequence;
4. illicit is torn open or hide, annul mail, cable, cause other harm consequence.
Lawyer of major of argue of punishment of Xu Jinfeng's lawyer
