摘要:中国的刑法,肇事者只达到了一定的年龄,识别和控制自己的行为在犯罪之前,应承担相应的刑事责任能力。中国的刑法,罪侵犯通信自由,自然的身体只有16岁,具有刑事责任能力,可以成为本罪的主体。但值得指出的是侵犯通信自由罪不包括纯天然的身体电信工作人员。邮政工作人员实施隐匿,毁弃或者非法开拆他人信件,侵犯公民自由,情节严重,构成犯罪的,非法开拆,隐匿,销毁邮件,电报的罪行。
the exchange of ideas and samples of materials and plans to whom to pass . " "Swiss Penal Code " First Article 179 provides that the crime of this object is : "To be opened ascertain their right to know the contents of the sealed instrument of Posts and Telecommunications ", " without the consent of conversation to eavesdrop or recorder eavesdropping, bootlegging others do not publicly talk . " "The Italian Penal Code, the" Sixth Article 161 states: "This article refers to the letter, telephone or telegram ." Therefore, China's criminal law at this point you can learn from foreign regulations. Sixth , online communication, such as QQ. With the increasing popularity of the Internet , QQ because in the communication functions have on the technical features convenient , being more and more accepted by users, has become a popular domestic network communication. According to China's " decision on safeguarding Internet security " Article ( two ) provides that "illegal interception , tampering, delete others email or other data , violations of citizens ' freedom and privacy of correspondence , in accordance with the relevant provisions of the Criminal Code be investigated for criminal responsibility . " For example steal QQ number of others when communicating with others , such crimes violations of citizens ' freedom , privacy of correspondence and citizens privacy ; steal QQ number after disabling others to buy the Q coins , network drives and other violations of the right to property or related property sexual favors ; communicate with others using the identity of others or publish some control information , are more likely to further the implementation of fraud , extortion and other crimes , serious harm to the social order . Visible, the transfer of information such as QQ security in the information society is important , it should be protected by the criminal law .
Refers to the implementation of the main crime criminal acts. Crime is a criminal law prohibiting conduct that endangers society , therefore, only the implementation of the criminal law prohibiting acts harm the person or unit , are likely to become the subject of crime . Violations of freedom of communication subject of the crime is a violation of citizens' rights to freedom of natural persons .
China's criminal law , the perpetrator only reach a certain age , with the identification and the ability to control their own behavior before the crime should be held criminally responsible for the corresponding . China's criminal law , the crime of violation of freedom of communication natural body just 16 years of age , with a capacity for criminal responsibility can become a subject of this crime . But it is worth noting that the crime of violation of freedom of communication does not include natural body telecommunications staff . Post staff implement conceals, destroys or unlawfully opens another person's letter , violation of civil liberties , the circumstances are serious enough to constitute a crime to illegally opening , conceals, destroys mail, telegraph offenses.
The subjective elements constitute a crime under the Penal Code refers to the subject of crime dominated the psychological state of the implementation of criminal behavior . Under normal circumstances , it is shown as being referred to as " sin ," the intentional and negligent two basic
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