The Constitutional Thinking On The Phenomena That Juries Master Be Limited To Apply To The Legal Civil Service

This is a common phenomenon that Juries Masters are restricted in applying for the legal civil service. For example, in the announcement on Public Servant recruitment of Jiangsu Province, recruiting departments restrict applicants’ undergraduate major in law.On one hand, these restriction qualifications conflict with A Report on Setting up the Juries Master Degree that was issued by the State Council Academic Degree Committee,which advised that people with the Juries Master Degree should be considered by the Politics and Law Committee when some qualifications of legal professional positions were established. On other hand, according to the principle of proportionality, these restriction qualifications have infringed upon the citizen’s rights to hold public office equally and conflicted with People Republic of China’s Civil Servant Law, Judges Law and Prosecutors Law. In respect of Constitution, that broke the rule of law principles,because of inappropriate objectives, unreasonable means and incongruity of the means and the objectives. To sum up, these kinds of restriction qualifications should be amended and completed in responding ways.