A Study On The Restriction Of Citizens' Right To Correspondence

With the continuous development of network technology,the technology of citizens to communicate has also undergone earth-shaking changes.From oral and paper transmission in the past,to telegraph and telephone communication,to today's instant communication,the change in communication methods has greatly enriched our lives and brought about changes in citizens' right of communication.As a fundamental right expressly stipulated in our Constitution,the importance of the right of communication is self-evident.But there is no absolute right,still less absolute power,and the fundamental rights of citizens need to be restricted for the sake of the public interest,and the same is true of the right of communication.Therefore,under the guidance of the provisions of the Constitution,China has formulated a series of laws involving the restriction and protection of citizens' right of communication.The constitution on the structure of the right of communication adopts special legal reservations,and the laws formulated by the legislature involving citizens' right of communication must comply with the strict conditions stipulated in the Constitution,the purpose of which is to avoid the improper restriction of citizens' right of communication,and to fully protect citizens' freedom of communication and the secrecy of communication.However,due to the strict conditions stipulated in the Constitution,it also restricts to a certain extent the freedom of the legislature to regulate the right of citizens to communicate,and many controversies have been produced in practice.Therefore,it is necessary to re-examine the provisions of our Constitution on the right of communication in order to achieve the purpose of resolving practical disputes.The first part of this article deals mainly with the definition of core concepts.Through the analysis of concepts such as communication,freedom of communication,and secrets of communication,the differences and connections between them are clarified,and the important position of the right of communication in China is understood through the comparison of the right to communication with other basic rights.The second part sorts out the restrictive norms of the right to communication.First of all,explain the content of Article 40 of the Constitution and the status of the right of communication in the Constitution.In addition,analyzing the restrictive laws and regulations on the right to communicate in various fields,fully recognizing the general situation of legislation restricting citizens' right to communicate in various fields in China,it is concluded that there are problems in some areas of legislation that are not in harmony with constitutional norms.The third part discusses the thinking framework of the limitation of basic rights.On the basis of this review framework,the specific practices of restricting citizens' right of communication commonly used in practice are analyzed,and on the basis of strict interpretation,whether they conform to the legislative purpose of Article 40 of the Constitution.The fourth part reexamines Article 40 of the constitution.It is determined that there are constitutional loopholes,and choose the method of constitutional interpretation to patch up its loopholes in restricting subjects,the scope of protection,the method of restriction,and the retention of laws,and reconstruct the right of communication under the implementation of the strict protection goal of the Constitution.