The Constitution Of The The Banan Female Teachers Sexual Harassment Case Analysis

Constitution the 40th stipulates our country: "PRC freedom and privacy of correspondence of citizens accepts legal protection. Get rid of because of national security or find out the crime need, be in progress from public security organs or the procuratorial organ according to the legal rules procedure to communicating by letter examining that the outside , any organization or individual infringe upon freedom and privacy of correspondence of citizens not to with any reason. "But, "Civil Procedure Law" the 65th is regulation:"The people's court has right to carry out investigation and obtain evidence to institution concerned and individual, institution concerned and individual refuse not to."In recent years, The court obtains evidence to telecommunication law case broad arousing the law boundary personage's close attention . Does court's method of work if go against each other with regulation of the 40th "constitution "? Do "Civil Procedure Law" and "constitution" whether fall afoul ?The people's court need to be inquired about by operator telephone precis writer to carry out, this is people's court judiciary job need , also can regard it being judicial being to come true the authority need. Constitution and laws has affirmed but freedom and privacy of correspondence of citizens indeed accepting the legal protection right , this has been the citizen fundamental right that constitution affirms. If allowing inquiry , civil right to accept some definitely encroach on kind; If not allowing inquiry , country right definitely may come some across be hit by an obstacle.The main body of a book take women teacher in Banan case as visual angle, it engages in different boundary dispute from educational circles and reality starting, and brief the protection situation introducing every country to freedom of correspondence and the privacy of correspondence , the behavior taking telecommunication evidence then to court tune are in progress analyse. It thinks that the court arrives at obtaining evidence of telecommunication branch is a disposition of the interested party form tentatively, that embodies. The "Civil Procedure Law" the 13rd is stipulated: "Process is hit by an interested party in legal action , civil rights and legal action enjoying to self give right , is entitled to control freely within the legal rules range." But, that the court carries out investigation and obtains evidence is interested party one of the means putting to the proof, That the court inquires into the behavior "fault obtaining evidence now, court production of evidence behavior ", but is "one party production of evidence behavior part ".The court carries out investigation and obtains evidence behavior is to serve or to obey in interested party act certificate behavior, in other words , being that the interested party collects evidence's assist a means , it does not have independent significance paragraph, the interested party enjoys right to be informed and the eminent domain to information reserved by that mailbox , the court obtains evidence therefore judging by application of interested party and does not infringe upon others's freedom of correspondence and privacy of correspondence.So, court's investigation weighs up legal procedure and legal formalities needing to have placing a case on file for investigation and prosecution and inquiring about under premise having legal basis. Under not encroaching on the citizen lawful right premise, should be to be entitled to move telecommunication branch to obtain evidence occupying.