What impact does sentencing have on children's education and employment? We know that people with criminal records sometimes affect children's education and employment, so we must avoid leaving criminal records in our daily life. What is the impact of the following sentence on children's schooling and employment?
What is the impact on children's schooling and employment after sentencing? 1 Parents commit crimes and children are involved! Parents have received criminal punishment, which affects their children's enrollment and employment.
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According to the Civil Servant Law of People's Republic of China (PRC), those who have received criminal punishment shall not be employed as civil servants. Therefore, Xiao Zhang, who has been in prison, cannot become a civil servant.
In addition, people who have been in prison cannot do the following jobs:
The Judges Law of People's Republic of China (PRC) stipulates that a person who has received criminal punishment shall not serve as a judge;
The Law of the People's Republic of China on Public Prosecutors stipulates that a person who has been subjected to criminal punishment shall not serve as a public prosecutor;
The People's Police Law of the People's Republic of China stipulates that a person who has received criminal punishment shall not serve as a people's police.
Diplomats, notaries, forensic experts, lawyers and other occupations are not allowed to be held by people who have been criminally punished.
Parents who have been in prison will also affect their children.
Police college
Candidates whose immediate family members are serving sentences, or being sentenced to death, or being sentenced for endangering national security cannot pass the political examination of the police academy.
Serve in the team
Major family members who have been criminally punished, expelled from the Party or dismissed from public office shall not be recruited for active service.
Parents have been in prison, and it is no problem for children to take the civil service exam. However, if you apply for positions such as the people's police and prison organs, there are political review requirements, and your immediate family members have been criminally punished, which will affect employment.
So you must obey the law, and don't let the crime affect you and hurt your children. Some criminal acts that you think are nothing, such as drunk driving, will actually affect employment.
What effect does sentencing have on children's schooling and employment? 1. Can a child whose parents have been criminally punished be admitted to a university?
Children can go to college and their future will not be affected by their parents' behavior.
What people with criminal cases can't do:
Judge Law of People's Republic of China (PRC)
Article 10 The following persons shall not serve as judges:
(1) Having received criminal punishment for committing a crime.
(2) Being expelled from public office.
people's assessor
decision of the standing committee of the national people's congress on improving the people's jury system
Article 6 The following persons shall not serve as people's jurors:
(1) Having received criminal punishment for committing a crime.
Public Procurators Law of the People's Republic of China
Article 11 The following persons shall not serve as public prosecutors:
(1) Having received criminal punishment for committing a crime.
(2) Being expelled from public office.
Second, the main punishment of criminal punishment
1. Control: Control refers to the penalty method that criminals are not imprisoned, but their freedom is restricted and corrected by the community according to law. It is one of the types of punishment in China and belongs to the principal punishment. Public surveillance is the lightest principal punishment, which belongs to the original punishment in China.
According to the provisions of the criminal law:
(1) The control period is more than 3 months and less than 2 years.
(2) Criminals sentenced to public surveillance shall be corrected by the community according to law.
(3) Criminals sentenced to public surveillance must abide by relevant regulations; Equal pay for equal work in labor.
(four) after the expiration of the control period, the executing organ shall immediately announce the cancellation.
(5) The period of control shall be counted from the date of execution of the judgment; In case of early detention, 1 day shall be reduced to 2 days' imprisonment. The characteristics of public surveillance punishment are: first, the punishment level is the lowest; Second, there is no need to invest in special renovation sites, and the public security organs are responsible for supervision; Third, labor is paid. Fourth, the detention time can reach the sentence.
2. Criminal detention: Criminal detention is a penalty method that deprives criminals of short-term personal freedom and implements forced labor reform nearby. In China's criminal system, criminal detention is a principal punishment between public surveillance and fixed-term imprisonment, which has the following characteristics: 1, and criminal detention is a short-term free punishment. The minimum term of criminal detention is more than 1 month and the longest is no more than 6 months. Therefore, criminal detention is the lightest of the three kinds of freedom punishment of detaining criminals and implementing compulsory labor reform in China. 2. Criminal detention is applicable to criminals who have minor crimes but need short-term detention and reform.
3. Fixed-term imprisonment: it is a penalty method of depriving criminals of their personal freedom for a certain period of time and implementing compulsory labor reform. Fixed-term imprisonment is the main punishment of deprivation of liberty, and its punishment range varies greatly, from misdemeanor to felony. Therefore, in China's criminal punishment system, fixed-term imprisonment occupies a core position.
4. Life imprisonment: it is a penalty method of depriving criminals of their freedom of life and forcing them to reform through labor.
5. Death penalty: It is a penalty method to deprive criminals of their lives, including immediate execution and suspended execution. The death penalty is the heaviest penalty in China, and it is a criminal law that deprives criminals of their right to life and political rights. So the death penalty is strictly controlled.
Third, the additional punishment for criminal punishment.
1. fine: refers to the criminal punishment of forcing criminals to pay a certain amount of money to the state and imposing economic sanctions on criminals. The applicable objects of fine punishment are economic crimes, property crimes and some intentional crimes. There are two situations in which people's courts impose fines on crimes: first, unit crimes. If a unit commits a crime, the people's court may impose a fine on the unit; Second, criminals. To impose a fine on a criminal, one of two ways can be adopted: a single fine and a combined fine.
A single fine for criminals is aimed at criminals whose crimes are minor and do not need to be sentenced to free punishment. Imposing a fine on a criminal means imposing a fine on a criminal who must be sentenced to fixed-term imprisonment or above. The specific provisions of the criminal law do not stipulate the amount of punishment for criminals, and the specific amount should be determined according to the circumstances of the crime.
If a criminal is sentenced to a fine, the criminal or his relatives shall pay it in one lump sum or in installments according to the amount determined in the judgment within the specified time limit. If the fine is not paid at the expiration of the period, it will be compulsory. If the fine cannot be paid in full, the people's court shall recover it at any time if it finds that the criminal has executable property. Only in the event of an irresistible disaster can the people's court reduce or exempt the fine as appropriate.
2. Deprivation of political rights: According to the provisions of Section 7 of Chapter III of the Criminal Law, this supplementary punishment is applicable to criminals who commit crimes endangering national security, as well as criminals who intentionally kill, rape, set fire, explode, poison, rob and other criminals who seriously undermine social order; If it is applied independently, it shall comply with the provisions of the specific provisions of the criminal law.
At the same time, criminals sentenced to death or life imprisonment should be deprived of political rights for life. However, when the suspended execution of the death penalty is reduced to fixed-term imprisonment or life imprisonment, the additional period of life deprivation of political rights should be changed to more than three years and less than 10 years. In addition, the term of additional deprivation of political rights is calculated from the date of completion of fixed-term imprisonment or criminal detention or the date of parole, and the effect of deprivation of political rights is of course applicable to the period of execution of the principal punishment.
3. Confiscation of property: According to the relevant provisions of Section 8 of Chapter III of the Criminal Law of People's Republic of China (PRC), confiscation of property is mainly applicable to crimes with huge or especially huge criminal gains, and it is a punishment to confiscate part or all of the personal property of criminals. However, if all the property is confiscated, it is necessary to leave enough living expenses for criminals and their dependents.
At the same time, when sentenced to confiscation of property, the property owned or deserved by the criminal's family members shall not be confiscated. In addition, if the legitimate debts incurred by criminals before the confiscation of property need to be repaid with the confiscated property, they should be repaid at the request of creditors.
4. Expulsion: Expulsion refers to the penalty method of forcing foreigners who commit crimes to leave China. Expulsion can be applied independently or additionally to foreigners who commit crimes.
In addition, military courts can punish soldiers by depriving them of honorary titles or medals according to law.
The punishment in our country can only be stipulated by the criminal law, and no other law has the right to stipulate the punishment system except the criminal law. Moreover, the types of punishment are arranged in the order of light to heavy, and the people's courts must punish them according to these punishment methods and conditions, ranges and methods.
What effect does sentencing have on children's schooling and employment? What influence does the person who has been in prison have on children?
People who have been in prison have many influences on children, not only throughout the whole growth process of children, but also affect their future life and work.
In Changzhou City, Jiangsu Province, Han, an Anhui migrant worker, was punished for a crime when he was a minor. His daughter entered primary school in grade 1, and her entrance score was deducted 100, which directly affected her entrance card.
This is undoubtedly a typical case in which parents have a criminal record that affects their children. Generally, one parent has been in prison, and the impact on children is mainly reflected in three aspects:
The first is the criminal record that accompanies the client's life.
There is no criminal record elimination system in China. Whether it is an illegal record or a criminal record, it will follow the client's life. Moreover, Article 100 of the Criminal Law clearly stipulates that if a person with a criminal record joins the army or is employed, he shall truthfully report the criminal punishment to the unit and shall not conceal it.
Any parent who has been in prison will leave a criminal record, which is a criminal record. This kind of illegal or criminal record will accompany the client's life and will also appear in the children's personal files.
The most obvious performance is that the children of people who have been in prison will generally not be able to apply for military schools, police schools and other institutions in the educational institutions and employment fields for their children in the future, nor can they apply for some political and legal majors or occupations that require higher political review, let alone pass the political review of civil servants, conscription, banks, state-owned enterprises and institutions.
This has a wide impact on children's educational environment, career prospects and future development. For example, in the Provisions on Political Review of Conscription, it is clearly stipulated that children do not meet the political conditions of conscription because of family members, immediate family members and other illegal and criminal situations.
In some places, parents are forced to abide by the law, provide proof of no criminal record, or affect their children's enrollment by affecting their enrollment scores. However, at present, parents' criminal records will generally affect their children's political examination when they attend political science and law universities and military police universities, and there is no hard and fast requirement for whether it will affect their children's enrollment in primary schools, junior high schools and junior high schools. For the protection of minors and their own responsibility, it is also forbidden to implicate parents' criminal records in their children's education.
Second, the role of parents in children's emotions is missing.
The imprisonment of one or both parents will not only lead to the lack of legal guardians and caregivers for children, but also make children lose their parental role in emotion and education. Whether providing children with basic material needs or caring for their families, they all show abnormal characteristics. This kind of family background that lacks roles and functions will undoubtedly have a negative impact on children's personality and psychology.
The third is the bad public opinion of the social environment on children.
The children of released prisoners are always in the public opinion that their parents have been in prison, and they are guided and prejudiced by neighbors and acquaintances. In this bad public opinion environment, children often have great negative emotions and psychological shadows, and show contradictory and even distorted psychological characteristics in interpersonal communication, social relations and family life.
Simply put, parents who have been in prison are not only branded with criminal records for life, but also leave negative effects on their children in all aspects. Therefore, illegal crimes destroy not only a person's life, but also the lives of children and families.