Study On Objective Element Of The Crime Of Any Postal Personnel's Opening Without Permission Or Concealing Or Destroying Postal Materials

Citizens'freedom and privacy of correspondence is a citizen's basic rights, but also the importance of China's Criminal Law by the Law on Protection of benefits, the Crime of any postal personnel's opening without permission or concealing or destroying postal materials is the criminal law set to rule and regulate the special subject -postal service staff, which is the major offenses protect the citizens' rights to freedom and privacy of correspondence. The criminal charges ranging from1979 to 1997 experienced criminal connotation and extension of the double change, the importance of becoming more prominent, however, there are major differences in the practitioners and theorists understand and confirm the objective elements of this crime, leading to a lot of difficult problems in the judicial practice, Therefore, the correct understanding and confirm the objective elements of this crime for the clarification of doctrinal dispute, and protect the citizens' rights to freedom and privacy of correspondence of great significance.In order to confirm the objective element of this crime, the following four facts should be understand: premise terms, the way of act, the object of act, fixed amount element. On the disputed of this crime needs post staff taking advantage of their positions, this paper from the historical interpretation, system explanation, comparative interpretation and so on to analyze and interpret, concluded premise terms of this crime does not require the postal staff taking advantage of their positions, but does not rule out they taking advantage of their positions. Opening without permission, concealing, destroying are widely different from each other in their essential nature and forms, author analyses the three kinds of act, inspects the other civil law countries'relevant provisions of this crime, references their beneficial practices, summers up the essence of the three kinds of act. About the E-mail belong to the object of this crime, this paper sort out disputes and differences from the theorists, consider E-mails don't belong to the object of this crime. On the fixed amount element——gravity of circumstances, negation this crime is a typical act, confirm the crime not only needs "gravity of circumstance", but also considers at different levels, includes the amount, social influence, dangerous consequence, and other grave circumstance.