Analysis The Conflict Of The Court Access To Citizens' Communication Information

With the development of science and technology,the owner has a very closely relationship with the things which are the new different types of electronic products,besides,all kinds of new electronic products continue to invention.By mean of relevant parties of communication information through the investigation in order to grasp their place of residence,contact and the possible place of hiding the property,which is very important to the people's courts,they can develop the judicial proceedings quickly.However,in reality,we have to face a judicial problem: the communication of the parties will lead to the conflict between the right of investigation and evidence collection and the right to privacy of citizens.So,the author study this theme that is the relationship between the power of the court to investigate and the right of privacy of citizens communication,in the end,the author propose hers opinion.In addition to the preface and epilogue,this paper is divided into five parts.Part One: a case study.First of all,this is a real case.Based on the practice,in order to find out the facts of the case,the judge need gain the telecommunications sector transfer party calls and account information,put forward the essence of the case is the conflict between the power of court investigation and the right of citizen communication privacy,which is a difficult problems that we need to solve,the people's court investigation whether or not the secret communication parties.Therefore,we have determine the research object.Part Two: analysis the power of court investigation and evidence collection.Firstly,the author discuss the meaning and the characteristics of the power of investigation and evidence collection,at the same,introducing the development of China's court investigation right evolution.The author think it is very necessary and reasonable of retaining the power of investigation in judicial practice,it also accord with the actual situation of our country.Part Three: research on the right of citizen's communication privacy.The author analysis the nature and characteristics of the right of citizens' communication privacy,which as the starting point of this question.The author insist that citizen communication privacy contains the content information,user communication activities,different level of citizen communication,and so on.Meanwhile,different level information need different protection measures.At last,the author think that it is necessary to limit the right of citizens communication privacy under special circumstances.Part Four: analysis the conflict between the power of court investigation and the right of citizen communication.The telecom department refused to provide the court's citizen communication information,triggering the conflict between the power of investigation and evidence collection and the right of privacy.Therefore,based on analysis of related cases and comments,the author analysis the reason about this problem,which contains the background of the society and the law,and so on.Part Five: put forward the suggestion about the conflict between the power of court investigation and the right of the citizen communication privacy.In order to solve this problem,the court should deal with the relationship between the power of court investigation and the right of citizens communication privacy,meanwhile,the court should also understand the meaning of the law and relevant legislation,and so on.In the end,the court also have the power that investigate the information about citizen communication.