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Home > About China's Constitution

What is freedom and privacy of correspondence?

(english.legalinfo.gov.cn) Updated : 2017-06-16

What is freedom and privacy of correspondence?

A. Significance of freedom and privacy of correspondence

Anyone may not conceal, destroy and discard, open and read or eavesdrop citizens’ correspondence (including telegraph, telephone, mail and other lawful electronic contacts).

B. Legal protection of freedom and privacy of correspondence

Freedom of correspondence

Privacy of correspondence

Legal protection

State security or criminal investigation

Public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law

No organization or individual may, on any ground, infringe upon citizens freedom and privacy of correspondence.

C. Subjects permitted to censor correspondence according to the law

Public security organs

State security organs

Procuratorial organs

may censor correspondence according to the law

D. Legal liability for infringement upon citizens' freedom of correspondence

1 Administrative liabiity

Anyone who claims any other's mail in the latter's name, conceals, destroys and discards, opening any other's mail without permission, or illegally inspecting any other's mail shall be detained for not more than 5 days or fined not more than 500 yuan.

2 Criminal liability

Anyone who conceals, destroys and discards or unlawfully opens another person's letter, thus infringing upon the citizen's right to freedom of correspondence, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention if the circumstance is serious.

Any postal worker who opens, or conceals or destroys and discards mails or telegrams without authorization shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.