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Article 252 of the Criminal Law of the People's Republic of China stipulates that anyone who conceals, destroys or illegally opens other people's letters, infringes on citizens' right to freedom of communication, and is serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention. Article 253 stipulates that a postal worker who opens or conceals or destroys mail or telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; Anyone who steals property from it will be punished with the crime of theft. Article 22 of the Public Security Administration Punishment Regulations stipulates that anyone who conceals, destroys, or opens another person's mail or telegram without permission, but does not constitute a criminal punishment, shall be detained for up to 15 days, fined up to 200 yuan, or given a warning.
Your neighbor opened your parcel without permission, but she can justify it as a mistake because you have the same name and surname.
You can double-check the description of the package or notice to see if there is any other information that can identify you, such as address, place of work, ** and other information, if so, then she will not be able to defend it, because it is your personal information.
If there is no information that can distinguish your identity, then there is no way to ......It can only be counted as a mistake and does not constitute a crime.
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Legal basis: Criminal Law of the People's Republic of China
Article 253 Postal workers who open or conceal or destroy mail or telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Where property is stolen while the crimes in the preceding paragraph are committed, it is to be convicted and given a heavier punishment in accordance with the provisions of article 264 of this Law.
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Legal basis: Copyright Law of the People's Republic of China
Article 2: Paragraph 1 The works of Chinese citizens, legal persons or unincorporated organizations, regardless of whether they are published or not, enjoy copyright in accordance with this Law.
Article 3: "Works" as used in this Law refers to intellectual achievements in the fields of literature, art, and science that are original and can be expressed in a certain form, including: (1) literary works; (2) oral works; (3) **, drama, opera, dance, acrobatic arts; (4) Works of fine arts and architecture; (5) Photographic works; (6) audiovisual works; (7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) computer software; (9) Other intellectual achievements that conform to the characteristics of the work.
Article 10 The copyright belongs to the author, except as otherwise provided in this Law.
The citizen who creates the work is the author.
A work that is presided over by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization bears responsibility, is regarded as the author. In the absence of proof to the contrary, the citizen, legal person or other organization that signed the work is the author.
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It is illegal for a courier to attack a parcel in a private car. Where the courier opens the package without permission, and it does not constitute a crime, he is generally to be detained for up to 5 days or fined up to 500 yuan; where a crime is constituted, a sentence of up to two years imprisonment or short-term detention is generally given.
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Legal analysis: The courier who opens the express without permission can be sentenced to fixed-term imprisonment of less than 2 years, and the act of the courier opening the express without permission constitutes the crime of opening, concealing, and destroying mail and telegrams in law, and Tanshi should pursue legal responsibility according to the actual circumstances and consequences of the case.
Legal basis: You Xinsan.
Criminal Law of the People's Republic of China》 Article 253 Postal workers who open or conceal or destroy mail or telegrams without permission shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Those who commit the crimes in the preceding paragraph and steal property shall be convicted and given a heavier punishment in accordance with the provisions of Article 264 of this Law.
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It is illegal for a courier to attack a parcel in a private car. Where the courier opens the package without permission, and it does not constitute a crime, he is generally to be detained for up to 5 days or fined up to 500 yuan; where a crime is constituted, a sentence of up to two years imprisonment or short-term detention is generally given.
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Summary. Right to make suggestions, appeals and accusations: Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or state functionary; They have the right to lodge complaints, accusations, or reports with the relevant state organs for illegal acts or dereliction of duty committed by any state organ or state functionary, but they must not fabricate or distort facts to make false accusations and frame them.
With regard to citizens' complaints, accusations, or reports, the relevant state organs must ascertain the facts and be responsible for handling them. No one may suppress or retaliate. Persons who have suffered damages as a result of violations of the rights of citizens by State organs and State agents have the right to compensation in accordance with the provisions of the law.
In exercising their freedoms and rights, citizens of the People's Republic of China must not harm the interests of the state, society, or the collective, or the legitimate freedoms and rights of other citizens.
Citizens of the People's Republic of China must abide by the Constitution and laws, keep state secrets, protect public property, abide by labor discipline, abide by public order, and respect social morality.
What is the crime of postal personnel to unpack packages privately.
Hello, I am a cooperating lawyer and it is a pleasure to serve you.
The right to make suggestions and complaints: The People's Republic of China has long had the right to criticize and make suggestions to any state organ or state functionary. They have the right to lodge complaints, accusations, or reports with the relevant state organs for illegal acts or dereliction of duty committed by any state organ or state functionary, but they must not fabricate or distort facts to make false accusations and frame them. With regard to citizens' complaints, accusations, or reports, the relevant state organs must ascertain the facts and be responsible for handling them.
In exercising their freedoms and rights, citizens of the People's Republic of China shall not undermine the legitimate freedoms and rights of the people, who harm the interests of the state, society, and the collective, as well as other public interests.
Wu Shili, a citizen of the People's Republic of China, must abide by the Constitution and laws, keep state secrets, take care of public property, abide by the discipline of labor and resignation, abide by the public order of the Communist Party, and respect social morality.
Anyone who opens another person's letter or package without permission violates the provisions of the Postal Law and the Law on the Punishment of the Public Security Administration, and shall be given a public security administrative penalty of detention and fines in accordance with law. In addition, if the circumstances are serious and the provisions of the Criminal Law are violated, criminal responsibility shall be pursued blindly in accordance with the law.
Postal Law. Article 35: No unit or individual may open, conceal, or destroy other people's mail without permission.
Except as otherwise provided by law, postal enterprises and their employees shall not disclose the information of users using postal services to any unit or individual.
Article 71: Where unauthorized collection, unauthorized dismantling, concealment, destruction, or illegal inspection of other people's mail or express mail does not constitute a crime before the foundation is taken, public security administrative sanctions are to be given in accordance with law.
Public Security Administration Penalty Law.
Article 48: Those who fraudulently receive, conceal, destroy, open or illegally inspect others' mail shall be detained for up to 5 days or fined up to 500 RMB.
Criminal law. Article 252: [Crimes of Infringement of Freedom of Communication] Concealing, destroying, or illegally opening other people's letters of reprieve, infringing on citizens' right to freedom of communication, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or short-term detention with the model.
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Legal analysis: If the courier tears the package, or goes back to another person's express mail and causes serious consequences, it will be punished, which violates the freedom of communication of citizens, and needs to bear administrative responsibility and criminal responsibility, and the circumstances will be sentenced in serious cases.
Legal basis: "Criminal Law of the People's Republic of China" Article 252: Where concealing, destroying, or illegally opening the letters of others, violating citizens' right to freedom of communication, and the circumstances are serious, is to be sentenced to up to one year imprisonment or short-term detention.
What to do if you buy an empty package.
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