A Constitutional Analysis Of Court Access To Call Records

With the maturity of communication development,electronic communication has become the main communication mode of contemporary information exchange,and personal call records are the evidence of information exchange,which directly and truly reflect the state of personal call activities of the subject of the call,and can even indirectly reflect the state of personal life activities,and therefore are very private.In judicial practice,the court often takes the call records of the parties to supplement the absence of relevant evidence in the chain of evidence to restore the facts of the case as much as possible in order to achieve a fair and just trial result.However,in recent years,local courts have been often denied access to call records by telecommunication companies ex officio.In this way,there is a conceptual ambiguity at the level of constitutional theory as to whether the access to call records violates the basic rights of citizens-the right to communication,and whether it is contrary to the rights protected by Article 40 of the Constitution.To define the constitutional nature of call records,we can use the competing basic rights theory to sort out the relationship between call records and freedom of communication and communication secrets,as well as the connection and difference between the concepts of personal freedom and privacy derived from freedom of communication and communication secrets,so as to clarify The constitutional property that call records belong to the right to freedom of communication.When the concept has a precise positioning,then the court,as the subject of access to call records,whether this access is consistent with the requirements of the Constitution.Although the court’s access to call records,although the law does not directly provide,but access to call records and the court’s right to investigate and obtain evidence is,in fact,a type of court access to evidence,to clarify the legal attributes of the right to investigate and obtain evidence and the exercise of the right to investigate and obtain evidence,but also to clarify the legal attributes of access to call records.Although the law allows access to evidence,but due to the special nature and privacy of the type of evidence of call records,there is a need to further restrict the use of this power,arguing that the constitutional right to freedom of communication to the court call records restrictions.By analyzing the elements of legality of fundamental rights restrictions and clarifying the relationship between court access to call records and constitutional censorship of communication,it is demonstrated that court access to call records is somehow an interference with citizens’ fundamental rights,but its existence is necessary.The main purpose of this paper is to demonstrate the reasonable necessity of court access to call records with the help of fundamental rights restriction theory,to find a constitutional explanation for court access to call records,and to study how to construct and improve the system and procedure of access to evidence.In this paper,through improving the system of court access to citizens’ call records,clarifying the boundaries of the right of court access to call records,clarifying the procedures and types of lawsuits in which courts apply access to evidence,and constructing and refining the system and procedures of court access to call records,we search for a balance between public interest and personal interest,i.e.,if the court reasonably exercises the right of access to call records,citizens’ right to freedom of communication is not substantially infringed,or If the court exercises the right to access the call records reasonably,the citizens’ right to freedom of communication is not infringed,or the right to freedom of communication is not enough to constitute an "infringement" compared to the public interest,and the court will not be put in an awkward situation of "unconstitutionality".