Is it illegal for parents to peek at their children's diaries? Many parents still want to control their children's thoughts, resulting in children having almost no privacy at home, diaries being peeked, letters being stolen by parents, and rooms being rummaged by parents. However, China's Civil Code stipulates that minors also have the right to privacy, and it is illegal for parents to open letters and peek at diaries at will. Without the consent of minors' guardians, no organization or individual may collect, use or publish personal information of minors on the Internet. Letters are personal privacy, and the law protects citizens' freedom of communication and privacy. Although minors are young and have a simple life, they also have their own privacy. No one, including parents and teachers, can open, hide or destroy minors' letters. Some parents have no concept of privacy at all and don't know that privacy is protected by law. They often rummage through children's things without permission, "censor" their diaries, open their letters, confiscate their favorite books and peek at their chat records. These are all illegal acts. What should parents do if they peek at their children's letters and diaries? Parents read their children's letters mostly out of concern for their children, fearing that their children will make friends carelessly or have other bad behaviors. Generally, it does not constitute a crime, but only violates the regulations on public security management. Concealing, destroying or opening others' letters without permission, if the circumstances are serious, if it is opened or destroyed many times, resulting in serious consequences, it will constitute a crime. Father and son can communicate with their parents and ask them not to open the letter next time. If the circumstances are serious, the public security organ may also impose administrative penalties on parents such as warning, fine or detention. Under what circumstances can I open a child's letter? 1. The public security organ or the people's procuratorate shall conduct inspection according to the procedures prescribed by law for the purpose of tracing crimes; 2. Minors without capacity for conduct, that is, minors under the age of 10 and minors suffering from mental illness who are completely unable to recognize the nature and consequences of their actions, generally do not have the ability to read letters, and their letters can be opened by their parents or other guardians. Relevant laws and regulations: Article 39 of the Law of People's Republic of China (PRC) on the Protection of Minors stipulates that no organization or individual may conceal or destroy minors' letters, diaries and emails; No organization or individual may open or consult the letters, diaries and e-mails of minors without legal capacity, except that the public security organs or people's procuratorates conduct inspections according to law in order to trace crimes. Article 252 of the Criminal Law stipulates that whoever conceals, destroys or illegally opens other people's letters and infringes upon citizens' right to freedom of correspondence, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year or criminal detention. Article 48 of the Regulations on Administrative Penalties for Public Security stipulates that anyone who conceals, destroys or opens other people's mails and telegrams without permission, which is not serious enough for criminal punishment, shall be detained for less than 15 days, fined for less than 200 yuan or given a warning. It can be seen from the above that no organization or individual may collect, use or publish personal information of minors on the Internet without the consent of their guardians. If you have any other legal questions, please consult the network-related lawyers.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 34
The duty of the guardian is to carry out civil legal acts on behalf of the ward and protect the personal rights, property rights and other legitimate rights and interests of the ward.
The right of guardians to perform their guardianship duties according to law is protected by law.
If a guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear legal responsibility.
Due to emergencies such as emergencies, the guardian is temporarily unable to perform his guardianship duties and the life of the ward is neglected. The residents' committee, villagers' committee or civil affairs department of the ward's domicile shall arrange necessary temporary living care measures for the ward.
People's Republic of China (PRC) Civil Code
Article 1032
Natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.
Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.