摘要:随着科技和社会发展,多样化和现代化的通信手段,目前的趋势,现代通信手段逐渐占据了主要地位,随之而来的,是违反了现代通信手段。然而,自1979年以来,“刑法”的有关规定,并没有做任何改动,已经很难适应新的社会环境,惩治和预防犯罪的违反自由的通信需求。
ior refers to the act is not in normal communication for the purpose of communication behavior . Malicious Communications variety of ways, including the traditional sense of the harassing letters , junk SMS, telephone harassment , spam , fax
advertising. Abroad malicious traffic law provisions , such as the United Kingdom in 1988 , " malicious Communications Act " that malicious traffic is intended to take letters and other methods cause pain or anxiety crime. The author believes that communication behavior is actually a malicious abuse of rights performance, is unlawful . Although China has not yet issued the relevant law, but if the perpetrator through malicious actions violated citizens' right to communicate , the circumstances are serious enough to constitute other crimes, such as theft , destruction of official documents , the illegal access to state secrets , divulging state secrets , violating commercial secrets , the crime of illegal intrusion into computer information systems , computer information systems undermine the crime , dissemination of pornographic material , etc., are where the sin be punished ; meet several crimes cases , in accordance with the provisions of graft treatment . Such as " Supreme People's Procuratorate on non- telecommunications staff unlawfully opens another person case letters and steal property from qualitative question of approval" states: " Non- telecommunications staff illegally open letters to others , violations of citizens ' right to freedom , the circumstances are serious , and from theft draft or remittance checks , false defrauding large amount of foreign exchange shall be in accordance with the criminal law on the crime and violations of civil liberties provisions of fraud , according to the implementation of Punishment . " Third, other violations of citizens' freedoms , such as illegal Gets or disclose confidential communication behavior of others . These acts can still refer to " Supreme People's Procuratorate on non- telecommunications staff unlawfully opens another person case letters and steal property from qualitative question of approval" in the regulations, constitute a violation of citizens' right to freedom and the circumstances are serious, violations of civil liberties punished for the crime ; involve guilt , in accordance with the principles of felony misdemeanor absorbed from a felony ; meet the graft case of the graft.
Violations of freedom of communication set up the crime , in addition to the implementation of the requirements of the perpetrator conceals, destroys or unlawfully opens another person 's behavior letters , it also requires an objective act must be serious . According to the Supreme People's Procuratorate, November 30, 1989 promulgated the " People's Procuratorate accepted direct infringement of citizens ' personal rights and democratic rights provisions of the standard filing malfeasance cases " on page 10 violations of citizens ' freedom case , conceals, destroys or unlawfully opens another person's letter , violation of civil liberties , with one of the following circumstances , shall be placed on file :
With the technological and social development, diversification and modernization of the means of communication present trends of modern means of communication gradually occupy a major position in the consequent is a violation of modern means of communication . However, the relevant pr
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