The Improvement Of Regulations On Employment Restrictions With Previous Convictions

Ex-convicts exist in any State where there are penalties.As long as there is a penalty,there are ex-convicts.For such a huge collective of ex-offenders,how to return to society normally has become a worldwide topic.In fact,in our legal system,"previous criminal record" does not belong to a formal legal term.On the contrary,a huge number of employment restrictions on citizens with previous convictions have been transformed into terms such as "crime","criminal record" and "criminal punishment",which are scattered in a large number of laws,administrative regulations,local regulations,departmental regulations and even other normative documents.To a certain extent,these laws and regulations impede the equal employment of former criminals and their smooth return to society.The implementation of the criminal record inquiry system related to the employment restriction of previous convictions has always been restricted,which should take into account the interests of the society and the rights and interests of the criminal as the basic idea.This paper hopes to improve the relevant criminal record inquiry system,so as to better balance the rights and interests of both parties.This paper is mainly divided into three parts.Based on various existing restrictions on employment record,this paper analyzes the problems existing in practice and the sources of the problems.By constructing and improving the systematic criminal record inquiry system,it is expected to guarantee equal employment of the former after they return to the society:The first chapter analyzes the problem.A huge number of restrictions on previous employment convictions exist in the current laws and regulations,and comprehensive consideration of prison term and type of punishment for previous employment convictions.It is easy to commit a crime and pay for it for a lifetime.In addition,the non-standard query of facts based on previous convictions,that is,the non-standard query of criminal records,should not be underestimated.At present,China's lack of systematic and standardized provisions on the inquiry of criminal records results in the disconnection between the judicial practice and the relevant provisions on previous convictions,which cannot really play its due effect,and even leads to the phenomenon of the abuse of criminal records,thus infringing upon the due rights and interests of the personnel with previous convictions.The second chapter analyzes the source of the problem.In the traditional Chinese concept,there is a deep-rooted prejudice against former convicts,and the emergence of a series of existing legal provisions directly leads to such restrictions on former convicts.This restriction should be regulated in time for the purpose of ensuring the smooth return of former offenders to the society and equal employment,whether out of the humanitarian thought or the criminal law concept of protecting human rights and punishing crimes equally.At present,the academic circle is not clear enough about the theory of criminal record,and the management of relevant criminal record is not standard,which leads to the non-standard inquiry of criminal record.As the information data with both public and private attributes,criminal records can only play its due effect by building a systematic inquiry system,and contribute to the improvement of the rule of law in the information age.The third chapter puts forward the corresponding improvement measures.Criminal record query system actually is the concrete embodiment of criminal record elimination system,its significance lies in,through the different kinds of ex-convict personnel or after the crime types in its execution,respectively,specific criminal record query time limit prescribed in the guarantee the right of the corresponding query authority can be obtained through this channel for people with and without criminal records accurate information,on the basis of appropriate protection be queried person legitimate rights and interests.Only by clarifying the inquiry subject,standardizing the inquiry procedure and establishing the corresponding inquiry relief,can the system be guaranteed to run according to law.At the same time,after the end of the inquiry period,the corresponding criminal record information will be sealed.Any agency or individual will get the result of no criminal record information when querying the person being queried,so as to realize the maximum guarantee of equal employment of former offenders.