Study On Legal Protection Of Equal Employment Right Of Ex-convicts

Employment is the foundation of people’s livelihood and the policy of anbang.There are a variety of types of discrimination in the employment of citizens,but the former criminal employment discrimination is particularly serious and less attention.In line with social defense doctrine,the state has adopted a series of restrictions on ex-offenders with certain rationality.For example,the law on judges,the law on prosecutors and the law on the people’s police all stipulate that "those who have received criminal punishment for crimes shall not serve as judges,prosecutors or policemen.The lawyers law stipulates: " if a person has been subjected to criminal punishment,he shall not be granted a lawyer’s practice certificate,except for criminal negligence.But in addition to the special consideration of special industry and post,whether the restriction on the employment of ex-convicts violates the prohibition principle of improper connection? Is it a violation of the equal employment rights of ex-offenders? Therefore,the legal protection of the equal employment rights of ex-offenders in China has gradually become more and more prominent due to the limitations of previous employment record,the lack of equal law enforcement protection by administrative organs and the absence of judicial relief.Record returned to society after they face is one of the first questions the labor employment,and from the limitation of state legal system in employment difficulties on the road,once they obtain employment hopeless,no life source,and pessimism about the society and the country is full of disappointment is likely to crime again,even more serious violent crime to revenge society,bring home to our peace.According to the empirical research conducted in jiangbei district,Yubei District and yuzhong district of chongqing,although the state increasingly attaches importance to the placement and education of ex-offenders to help them find jobs and gradually return to society,the actual employment situation is not good.Therefore,the author believes that the employment discrimination against ex-offenders should be eliminated in legislationand the employment qualification of ex-offenders should be limited by reasonable classification.Second,we should continue to strengthen equal law enforcement and protection,actively promote employment,and help ex-convicts rejoin the society.In addition,we must unblock the judicial remedy channels for employment discrimination of ex-convicts and build the last line of defense for the legal guarantee of equal employment rights of ex-convicts.Anyhow maximum security record personnel full employment,to enjoy the citizens should have dignity and equal employment rights,conducive to safeguard human rights record personnel,to reflect the justness of law,is advantageous to the ex-convict personnel actively integrated into the society,no doubt to our country the employment discrimination and promote citizens’ equal employment rights protection has important theoretical and practical significance.Based on the criminal record personnel in the employment group relatively disadvantaged groups as the research object,from the perspective of the group’s right of equal employment laws,follow the research background and research train of thought,basic structure is as follows: the article first part combined with questionnaire results part of chongqing urban area expounds the present situation of obtain employment of personnel of criminal record and to evaluate its status.The second part summarizes the current laws and regulations on the restriction or deprivation of employment qualification of ex-convicts in China,and analyzes the reasons for the insufficient guarantee of equal employment right of ex-convicts from the perspectives of government placement,education,law enforcement and judicial status of employment discrimination cases.In the third part,the author mainly analyzes the necessity of prohibiting ex-convicts’ discrimination and guaranteeing ex-convicts’ equal right to employment,and holds that guaranteeing ex-convicts’ equal right to employment reflects the justice of the law and is conducive to ex-convicts’ tearing off the "criminal label" and returning to the society,so as to maintain social stability and harmony.It is not only necessary to develop socialist market economy,but also to respect and protect human rights to ensure equal employment rights of ex-convicts.The fourth part mainly compares and analyzes the legislation and practice of the legalprotection of the equal employment right of ex-offenders in the United States,Japan and Taiwan,so as to provide enlightenment for the protection of the equal employment right of ex-offenders in China.Finally,the fifth part discusses and analyzes the constructive countermeasures from the perspectives of legislation,law enforcement and judicature on how to improve the guarantee of equal employment right of ex-offenders in China,so as to look forward to China’s continuous progress on the legal guarantee of equal employment right of ex-offenders and jointly enter a new era.