Is it illegal to check your wife's mobile phone?

If checking her mobile phone without her consent is an invasion of privacy, the wife has the right to stop the invasion of privacy.

The constitution of the liability for infringement of privacy or infringement of privacy interests must have the general elements of tort liability, that is, it must have four elements: illegal behavior, damaging facts, causality and subjective fault. The applicable imputation principle is the fault liability principle, but the no-fault liability principle and the fair liability principle are not applicable.

Legal basis:

Article 1032 of the Civil Code of People's Republic of China (PRC)

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.

Two. Article 1033 of the Civil Code of People's Republic of China (PRC)

Unless otherwise provided by law or expressly agreed by the obligee, no organization or individual may commit the following acts:

1. Interfere with other people's private lives by telephone, SMS, instant messaging tools, e-mail, leaflets, etc.

2. Enter, take photos and peep into other people's private spaces such as houses and hotel rooms;

3. Shooting, peeping, eavesdropping and revealing other people's private activities;

4. Shooting and peeping at other people's private parts;

5. Handling other people's private information;

6. Invade the privacy of others in other ways.

Three. Article 4 of marriage law

Husband and wife should be loyal and respect each other. Mutual loyalty is the core of the relationship between husband and wife. "Loyalty" means being honest, telling the truth, and not deliberately hiding it from each other. Don't even let your wife see your mobile phone. There is no doubt that the husband must have done something to harm his wife's interests, and the evidence of the crime must be in the mobile phone. Refusing to see his wife's mobile phone is a direct manifestation of disloyalty and disrespect to his wife, which is a flagrant violation of Article 4 of the Marriage Law. In other words, the wife asked to see her husband's mobile phone. If the husband refuses, it is not the wife but the husband who breaks the law. Similarly, the husband's behavior of keeping a lover behind his wife's back and setting up a private vault is also disloyal and disrespectful to his wife and violates Article 4 of the Marriage Law.