The Inspection Of Citizens’ Electronic Communicating Information

Human beings are social animals,so communication is an indispensable part of human life.With the establishment and development of people’s right consciousness,the rights of communication related to freedom and privacy are naturally incorporated into human rights.But there is no absolute freedom and no absolute right.Therefore,the Constitution not only protects the right of communication,but also provides the inspection of communicating information to restrict citizens’ right of communication.The so-called the inspection of communicating information means that certain subjects can censor citizens’ communicating information under certain circumstances.With the development of technology,using instant messaging tools to send electronic information has become the most important way of communication.Although there are huge differences between the new communication and the traditional communication,it is more reflected in the difference between carriers.Therefore,both legal norms and practical practices can reflect the expansion of inspection to electronic communicating information.However,the inspection of citizens’ communicating information seems to be expanding in new areas and falling into many pitfalls.Specifically,both the subject and the reasons of inspection have broken through the boundary stipulated by the Constitution.The purpose of this paper is to analyze the problems existing in the operation of public power from two aspects of inspection subject and inspection cause by understanding the current situation of the expansion of inspection into electronic information,and then propose a specific plan to use constitutional regulations to get out of the misunderstanding.The content of this article mainly includes four parts: Chapter one,the inspection of communication in the constitution.Through sorting out the basic concept,constitutional positioning and constitutional restriction of inspection,the author deepens the understanding of inspection,and then understands what inspection should be.Chapter two,the expansion of inspection to electronic information.This part mainly introduces the legal basis for the expansion of inspection to electronic information and the specific reasons to the expansion of inspection to electronic information.Chapter three,the breakthrough of the boundary of inspection.With the help of a specific case analysis,we can understand the erroneous zone of the expansion better.Both the expansion of the subject to the service provider and the expansion of the cause to the administrative field are actually the wrong operation of public power.Chapter four,constitutional regulation.Using constitutional thinking and constitutional means to correct the mistakes made in the expansion of inspection to electronic information,including through record review to raise the threshold of legislation on inspection,through the principle of procedural justice to strengthen the control of the process of inspection,and through the improvement of the relief system to strengthen the supervision of the power of inspection.