Consideration Of The Principle Of Proportionality For Restrictions On Previous Convictions In Cities’ System Of Points-based Household Registration

The restriction on criminal record is several big cities in our country to control the urban population scale and the purpose of social defense,existed in the integral system application qualifications set a record in the request,its citizens have criminal record does not have integral settled in application in these cities,also means that under the current household registration system,citizens have criminal record lose become a qualified for all the citizens of these cities,and enjoy the city’s education opportunity and social welfare treatment.Citizens have a criminal record,however,does not mean that it will always be criminals and criminal record restrictions do not consider there is a big part of the citizens have a criminal record after released,have sincere remorse,eager to return to society,but with a stubborn rigid preconceptions to have criminal record personnel of cognition,is an arbitrary rules,as long as citizens in general had a criminal record is not eligible to apply for integral.However,with the improvement of human rights protection,the rationality of the restriction on criminal record is obviously a big problem.And proportion principle is a good balance "relationship between purpose and means" the principle of human rights,its function is to prevent countries means taken by the excessive intervention of citizens’ rights,avoid countries at the time of the exercise of public power for more than legal limit citizens’ personal rights violations,and in order to guarantee the realization of citizens’ human rights.The principle of proportionality is based on the balance between the benefits achieved by a certain end and a certain means.In a simple word,it is the consideration between the restriction on civil rights caused by the means adopted by the state to exercise public power and the purpose it wants to achieve.Therefore,if the principle of proportionality can be applied in the restrictions on previous convictions,human rights will be better protected.Therefore,based on the analysis and study of the previous restriction provisions in the integral registration system,this paper applies the principle of proportion to analyze the previous restriction provisions,and tries to improve the previous restriction provisions based on the principle of proportion,in order to maximize the protection of the rights of citizens with previous convictions.In addition to the introduction,this paper is divided into four parts.In the first part,starting from the introduction of the previous restriction provisions in the local integral registration system,the author analyzes the characteristics of the previous restriction provisions in the integral registration system,and concludes that the previousrestriction provisions are general and arbitrary,and lack of protection for the citizens who have repented of the past and have a criminal record,preventing them from returning to the society.As well as the research on the consequences of the previous criminal record as a restriction on the right to apply for points to settle,it is believed that the general previous criminal record restrictions will cause serious infringement on the equal rights of the previous criminal record citizens.In the second part,the rationality of the previous criminal registration restriction in the local integral registration system is analyzed in depth with the principle of proportion.It is considered that the restriction of criminal record has the legitimate purpose of controlling urban population size and social defense.However,among the means to achieve the above end,the former criminal restriction does not cause the least harm to the civil rights and therefore violates the principle of the least harm;Moreover,equality is one of the core values of human society,and the benefits achieved by the restrictions on criminal record are far lower than the infringement of the right to equality of citizens with criminal record.In conclusion,the restriction on criminal record violates the principle of proportionality and violates the human rights of citizens with criminal record.In the third part,this paper studies and analyzes the root causes of unreasonable restrictions on the right of citizens with previous criminal records to apply for points-based settlement by local governments in the points-based settlement system.It is believed that the general provisions of the local government on the conditions for previous convictions cannot be reasonably differentiated,which is rooted in the discrimination of previous convictions based on traditional culture,as well as the lack of supervision and censorship system on human rights protection.In the fourth part,on the basis of comprehensive study of related problems,and according to the integral locating system in our country household register system reform of particularity and complexity,considering balance the needs of the public interests and personal interests,trying to settle the proportion principle are introduced to improve the integral system of criminal record restrictions,in order to maximize the protection of a record of the citizen’s rights.