The Civil Justice Protection Of Correspondence Freedom

The Grundgesetz fur die Bundesrepublik Deutschland classifies freedom of correspondence as a subordinate concept of freedom of expression,and correspondence secrets are individually protected.In the French Fifth Republic,the freedom of correspondence is individually protected,and the secret of correspondence is classified under the protection of privacy.We can not completely separate the freedom of correspondence from the secret of correspondence,like the Grundgesetz fur die Bundesrepublik Deutschland and the French Fifth Republic do.According to the Constitution,we must recognize the the citizen’s right to freedom of correspondence comprise freedom of correspondence and secrets of correspondence.However,the right is not a specific one in civil law,civil judicial protection should make up for the legislative loopholes to ensure it can implement.Because the civil judiciary is constrained by the traditional idea of’motion to quash" and "supreme public power",it dose not become an asylum for victims.On the one hand,it encourages citizen to be patient and give up their right to freedom of correspondence,on the other hand,it expands their own power and makes double persecution.In this regard,it is necessary to eliminate legislative loopholes and take full advantage of the functions and superiority of the judiciary and the public.The civil judiciary should improve its professional qualities,fulfill its constitutional mission,establish a sense of constitutional responsibility,and avoid the legal but unconstitutional situations through constitutional interpretation.The Constitution is binding on everyone,so it is citizen’s obligation to protect their right to freedom of correspondence and supervise the judiciary.