First, the difference between this crime and other crimes.
（ 1）
According to Article 1 16 of the Criminal Procedure Law: "When an investigator thinks it necessary to seize the mail and telegram of a criminal suspect, he may, with the approval of the public security organ or the people's procuratorate, notify the post and telecommunications organ to hand over the relevant mail and telegram to the public security organ for inspection and seizure. When it is not necessary to continue to detain, it shall immediately notify the post and telecommunications organs. " According to the notice of the criminal law organ, it is completely legal for post and telecommunications personnel to hand over relevant mails and telegrams for inspection, which is essentially different from the act of disassembling, hiding or destroying mails and telegrams without permission. However, it is also illegal for post and telecommunications personnel to continue to detain concealed mails and telegrams after being informed by judicial organs that they do not need to detain them, or to open and inspect and detain mails and telegrams without authorization after being detained according to law, and still be punished according to this crime.
(2) The boundary between crime and non-crime.
It does not constitute this crime to open or lose mail bags, letters, parcels and telegrams without criminal intent due to mistakes. Due to irresponsible work, dereliction of duty, resulting in the loss of mail and telegrams, delayed delivery, if the circumstances are minor and the harm is not great, the competent department may give administrative sanctions; If the circumstances are serious and cause great losses to the interests of the state and the people, criminal responsibility shall be investigated for dereliction of duty in accordance with the provisions of Article 397 of this Law. In addition, although the perpetrator intentionally dismantled, concealed or destroyed the mail and telegram privately, if the circumstances are obviously minor, it does not constitute this crime, and disciplinary action may be given when necessary.
(3) The boundary between this crime and the crime of violating freedom of communication.
Subjectively, it is intentional, and objectively, it has carried out the act of privately opening, hiding and destroying letters. The difference is that:
1, the subject of the crime is different. This crime is a special subject and must be composed of post and telecommunications staff; The crime of violating citizens' freedom of correspondence is a general subject, and anyone who has reached the age of criminal responsibility and has the ability to be responsible can constitute the crime.
2. The targets of crimes are different. The object of this crime is the normal activities of the national post and telecommunications department; The object of the crime of infringing citizens' freedom of communication is citizens' freedom of communication and privacy of communication. In addition, the objects of infringement are not exactly the same. The object of this crime is mail and telegram, while the object of the crime of infringing citizens' freedom of communication is limited to letters, and the scope is narrower than the former.
Legal basis:
Article 35 of the Postal Law of People's Republic of China (PRC) 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 staff shall not disclose the information of users using postal services to any unit or individual.
Article 48 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, whoever impersonates, conceals, destroys, opens or illegally checks other people's mail, shall be detained for less than five days or fined for less than 500 yuan.