The Study On The Employment Limitation Against Criminal Record

Punishment is producted with the company of crime. It is a compulsory measure that the nation lays down to punish crime. After excuted punishment the citizens who have the criminal records should enjoy equal treatment with other social members.But there are many clauses in our country laws and regulations that limit or deprive employment rights of them.This blocks them of equal employment.In other words, the discrimination is the second punishment to them.Some scholars believe that limiting or depriving their employment rights is a kind of negative effect of punishment. The main reason is that social masses do not trust them.The modern society is a cooperation society.The trust is the foundation of cooperation.Because of crime their credit declines.So many people are not willing to cooperate with them.They seldom have copperating opportunities with others,even is isolated.Virtually this discrimination violates their equality.Problem that system caused can be solved by modifying system.But the consequences of psychological factors is eliminated hardly.To eliminate the discrimination,firstly,we should perfect system and try not to limit their employment.Secondly,they reconstruct themselves credibility by getting along with others. Public should remove discrimination and help them return to society.Criminal record limits employment violates'equal employment right. Their important problem is employment.But laws and regulations on employment restriction may cause that they do not find a job.They might again commits crime,even more serious crime.This will bring harm to society.In the current laws rules that limit employment are different.Some legal regulations are lifelong restriction.Others are short-term restriction.Some laws limit all criminal penalties.Some laws limit specific crimes.Some laws limit crimes intentionally but do not limit crimes faultly.Some laws limit administrative punishment and disciplinary offence.There are two charateristics in the clauses.On one hand,limited professional types are wide.On the other hand,many laws strictly limit their employment status.It will cause seriously occupational segregation.From theory of law institution prohibiting employment discrimination of criminal record is invaluable.It reflects the justice of law.It makes for them reforming in order to obtain rebirth of opportunities.It helps that they smoothly enter into society.It is favorable to respect and safeguard human rights and construct harmonius society.Examining relative law of the United States and Taiwan,we discover that under the influence of the karma socialism China should ban criminal record discriminates employment.The mission of is very difficult.Protecting citizens from discrimination in employment that had criminal records, is not only to protect the right of an important manifestation of the equality of citizens, but also to respect and personal dignity of citizens of the constitutional protection of expression. Legal is bligated to maximize the protection of a criminal record the right of citizens of equal employment to help them integrate into society, reduce social instability, and promote a harmonious society.