A Study On The Legality Of The Prohibition On Employment Of Public Officials

In recent years,in the process of recruiting public officials,disputes arising from political review and inspections have emerged endlessly and are often reported in news reports.In addition,a proposal made by a CPPCC member at the second meeting of the 13 th National Committee of the CPPCC National Committee on eliminating discrimination and promoting equal employment of former citizens has also attracted much attention.All these phenomena indicate that,in addition to the content of examinations and physical examinations in the national public service admission system,the prohibition of employment provisions is gradually attracting attention.The public service access system involves the public office of citizens.Although our country's constitution does not explicitly stipulate this right,according to Article42 of the Constitution's "Labour Right" and Article 2 "Personal Democratic Principles",combined with Article 54 of the Criminal Law,the penal provisions for deprivation of political rights and The prohibition stipulated in Article 26 of the Civil Servant Law states that the right to public office is a basic right that has been established in law in China and should be granted in the Constitution.As a non-really enumerated basic right,the right to public office is neither a right to pure labor nor an absolute right to participate in politics,but a special type of right at the intersection of rights and power,and the coupling of basic rights and institutional structure.The right to public office is not an absolute right without restriction.Based on the state's requirements for the loyalty obligations of public officials,the need for people's trust foundation,and the value standpoint of non-ethical neutrality of public officials,the prohibition on the employment of public officials is justified in restricting public office rights.But the restriction itself should also be restricted,and it must meet the requirements of formal legitimacy and substantial legitimacy.First,a large number of lower-level normative documents do not meet the principle of legal retention;secondly,some provisions replace the code of conduct with moral evaluation,which does not meet the requirements of legal clarity;third,the specifications of individual departments expand the inspection target to be inspected Close relatives of human beings violate the principle of equality;finally,from criminal records,to social joint punishment,to party discipline and school discipline,the complex investigation content constitutes an excessive restriction on the citizen's public office and violates the principle of proportionality.To this end,the nature of the penalties for prohibiting the employment of public officials should be squarely faced,and the current relevant laws should be reviewed and cleaned up in accordance with the principle of legal retention to unify the normative system for the admission of public office;the code of conduct should be used as the standard to define the boundaries of moral legalization;The constitutional review criteria for the prohibition of employment of public officials are refined using a typed and hierarchical model;dual distinctions are made between job types and crime types,and the content of the investigation and the objects of inspection are narrowed down,and a corresponding leniency is established.Public office access inspection system to realize the dual value of administrative efficiency and rights protection.