Legal Protection Of Equal Employment Rights For Criminal Record Personnel In Our Country

Article33of our country’s Constitution Law provides:" all citizens of the People’sRepublic of China are equal before the law." As for this provision in Constitution Law,our constitution jurisprudence comprehends the equality prescribed in the constitutionas" it’s not only a fundamental right of our citizens, but also a basic principle of anideal socialist rule of law ". The right of equality, as a fundamental right, is thepremise and foundation of the achievement of other rights. As the basic content ofspecific right of equality, the equal right of obtaining employment also asks forprotection given by the constitution and the law. For employment which has a vitalbearing on the people’s livelihood, the equal right of obtaining employment is anecessary condition to gain the basic thing in people’s life. Protection of employmentequality is the realization of the constitution value and the need to protect theconstitutional right of equality. The right of equality is a fundamental right guaranteedby the Constitution, meanwhile, the purpose of the research on discrimination inemployment is to realize citizens’ fundamental right of equal treatment and protectionin the field of employment. For criminal record personnel, work is the foundation ofsettlement, which is also the most important issue they will face after they return tosociety. However, in our country, the criminal record personnel generally suffers fromthe limitation of the employment qualification in the course of employment for theyhave had the experience of crime. The deprivation and limitation of the criminalrecord personnel’s employment qualification stipulated in some of the laws andregulations in our country, not only makes them lose the foundation to base on society,but also violates the right of equality given by the law, in violation of ourconstitutional principle of equality. Protection of criminal record personnels’ equalright of obtaining employment is the need to perform their constitutional right ofequality, at the same time, it’s the need to reduce the rate of the recidivism of criminal record personnel and to build a socialist harmonious society. According to analysis ofthe performance and the reasons of which results in employment discrimination tocriminal record personnel, this paper further explores the important significance oflegal protection of equal employment right to criminal record personnel, then putsforward a series of measures to ensure the realization of the equal right of obtainingemployment for criminal record personnel.