What is the effect of people who have been in prison on children? Can they go to college? In real life, we must abide by the law, because parents' violation of law and discipline may affect their children's future. So what's the effect of people who have been in prison on children? Can they go to college?
What is the influence of released prisoners on their children? Can they go to college? 1 legal analysis: of course, it has an impact, mainly in two aspects, one is in the professional development of children, and the other is in daily life. The development of the cause is mainly manifested in the following aspects:
1. My father has a criminal record. If the sentence expires, it will not affect the political examination of civil servants. If you are serving a sentence, it will affect the political examination of civil servants. You are not allowed to apply for civil servants until you have served your sentence. In addition, it depends on what crime has been committed. If it is a crime endangering national security, it will have an impact anyway. In addition, if you are an immediate family member who is serving a sentence, it will also have an impact on whether you are hired as a civil servant. In addition, whether immediate family members are related or not is not decided by themselves, but according to the law.
2, mainly depends on what crimes the immediate family members have committed. If it's a capital crime, you can't apply. If a spouse or lineal relative is sentenced to death or serving a sentence, if a collateral relative who has a great influence on himself is sentenced to death, life imprisonment or a fixed-term imprisonment of 10 years or more, if a lineal relative or collateral relative who has a great influence on himself is sentenced to the crime of endangering national security, and so on, apply to the political and legal organs;
My spouse, immediate family members or collateral relatives who have a great influence on me are being put on file for review, and collateral relatives who have a great influence on me are being sentenced to more than fixed-term imprisonment and are serving their sentences. And apply to the relevant political and legal organs for handling; Think that the political review is unqualified.
3. The political examination of national civil servants mainly emphasizes the candidates' ideological progress, excellent moral character, decent style, strong organizational discipline and strong legal concept. Generally, under any of the following circumstances, the political examination is unqualified: there are words and deeds that violate the four cardinal principles; Having bad behaviors such as hooliganism and theft, and having poor moral quality; Suspected crime has not been ascertained; Lineal blood relatives or collateral blood relatives who have a great influence on me engage in activities that endanger China's national security abroad, and I can't draw a clear line with them;
One of the lineal blood relatives or collateral blood relatives who have a great influence on himself is sentenced to death or is serving a sentence; In order to ensure the smooth progress of employment assessment, temporary assessment teams can be set up around the country according to the needs, which are specifically responsible for the organization and coordination of employment assessment.
Legal basis: Article 8 of the Provisions on Political Review of Conscription: Citizens under any of the following circumstances shall not be recruited for active service.
(1) Spreading politically incorrect remarks, and writing, editing, publishing or publishing politically incorrect articles or works.
(2) Having been subjected to criminal punishment, reeducation through labor, asylum education or administrative detention;
(3) Being under investigation for being suspected of violating discipline and law, or being investigated, prosecuted or tried;
(4) Being expelled from public office, ordered to resign, expelled from school, expelled from the Party, kept on probation, or expelled from the Party for serious mistakes;
(5) Tattoos with signs of underworld organizations or criminal gangs that are detrimental to the national image and social morality;
(6) Having close ties with people with complex political backgrounds at home and abroad and being politically suspicious;
(seven) participated in cult organizations or activities, participated in harmful martial arts organizations or actively participated in activities;
Major family members, immediate family members, major social relations members or other relatives who have great influence on themselves are backbone members of cults or harmful martial arts organizations;
(eight) I or major family members, immediate family members to participate in ethnic separatism, violence, terror, religious extremism and other illegal organizations, criminal gangs or activities with the nature of the underworld;
The main members of social relations or other relatives who have great influence on themselves are the backbone of the above-mentioned illegal organizations;
(9) The main family members, lineal relatives, members with major social relations or other relatives who have a great influence on me have been subjected to criminal punishment, expelled from the Party, expelled from public office or have serious illegal problems that have not yet been ascertained, and I have sheltered or retaliated;
(ten) the main family members have criminal acts that endanger national security or serious political problems, and I can't draw a clear line;
(eleven) other circumstances that do not meet the political conditions for enlistment for active service.
What is the effect of people who have been in prison on children? Can they go to college? This is undoubtedly a typical case in which parents have criminal records that affect 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 a person with a criminal record must truthfully report to the unit that he has been subjected to criminal punishment and must 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 in the field of children's future education and employment, the children of released prisoners are generally unable to apply for military schools, police schools and other institutions, nor can they apply for some political and legal majors or occupations that require higher political examination, and they cannot pass the political examination of civil servants, conscription, banks, state-owned enterprises and institutions, which has a wider impact on their 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, whether parents have criminal records will generally affect the political review of their children when they attend universities of political science and law and military police, and there is no hard and fast rule on whether to 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.
What is the effect of people who have been in prison on children? Can they go to college? 1. Parents have been criminally punished, can children still go to college?
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.
2. People's jurors
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 penal system, criminal detention is a major penalty between public surveillance and fixed-term imprisonment, which has the following characteristics:
1. 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 punishment 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.