Freedom Of Profession And It’s Restriction

The freedom of profession is not only related to the individual survivaland free development of the personality, but also is source of social andeconomic development, and moreover, it has special significance for theexistence of democratic and constitutional order. Because of having suchvalue of professional freedom, as the basic rights of citizens it is written in theConstitution of more and more countries. However, as different understandingof the basic concepts of occupation and freedom, that easily makesprofessional freedom weaken in various forms in China, therefore it is veryimportant to grasp its meaning, which directly determines the nature, contentof professional freedom, and its related concepts understood.The value of the freedom of profession is reflected in meeting ofindividual and social needs. As the unique and important value of professionalfreedom, it can’t be replaced by existing labor rights (working rights), so thatincluding the professional freedom to the Constitution becomes necessary.The freedom of profession can be limited, for one thing, freedom is notabsolute, for another, economical freedom could be confined. However, restriction of the freedom of professional needs to be certified, that is toexplain the reason, the basic, the way and the method of limitation.Understanding of public interests and application of principle “under the law”are very important. If the behavior of violation of professional freedom is notrestricted in law, it will violate the fundamental rights, therefore, restrictionson the freedom of occupation should be limited. The restriction of thefreedom of occupation must be justified by certain benchmark test before, andestablishing a feasible censorship is necessary. Now day, countries such asGermany, the United States and Japan have established standard ofexamination of restrictions on professional freedom based on judicial practice.Especially Germany’s "three-stage" review mode, and American categorizedreview mode embody the core values of protection of human rights, and thereis an important reference for the future construction of China’s system ofjudicial practice.Currently, China’s occupational discrimination is a serious problem,especially in petty officers recruiting. How to eliminate discrimination inpetty officers recruiting has become an urgent problem, in which one of thekey aspects is to seek a specific and subtle patterns of limitation foroccupational review. For the restriction on occupational review, this articleattempts to import the theory “the proximity of core of the personality right”,in order to construct a new review mode " two-lane " based on human dignity, that is separately to review by freedom right and equality rights. If therestrictions on the freedom of occupation is for the all people, then reviewmode by freedom rights can be used by application of the “three-stage”standard; if restrictions related to the classification of humans, especially"suspect Categories "or" quasi-suspect classification ", then review can beadopted by conjuncting with the review model of equal rights. This reviewmode has been used in some typical cases of petty officers recruiting, which isa preliminary attempt.