Can the prisoner's children go to college? When a citizen breaks the law, he needs to go to jail seriously. As we all know, breaking the law not only affects ourselves, but also has many influences on future generations. So can the prisoner's children go to college?
Can the prisoner's children go to college 1 1. Can children whose parents have been criminally punished 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.
Can the prisoner's children go to college? They can go to college. If their father goes to prison, their children will not be affected, but if their children will be affected in the future civil service examination, they will fail the political examination. The father's criminal record has an influence on the child's political examination.
Legal analysis
If it is a minor crime, it is generally nothing, mainly depending on whether the immediate family members have committed a crime. The father of the immediate family member 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. After the expiration of the sentence, you can apply for civil servants.
In addition, it depends on what crime has been committed. If it is a crime endangering national security, it will have an impact anyway. The main contents of political examination include: the political history of the object of political examination and the examination of its immediate family members and major social relations; The attitude of the object of political examination to the party's line, principles and policies;
The main performance of the object of political examination in major historical events, and whether the object of political examination has a criminal record. Political review refers to political review, which should generally be conducted by grassroots party organizations.
The content and scope of political review should have different requirements in different historical periods. The political examination mainly emphasizes the candidates' ideological progress, good 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 bad moral quality.
legal ground
People's Republic of China (PRC) civil servant law
Article 25 To apply for civil servants, in addition to the conditions stipulated in Article 13 of this Law, they should also meet the qualifications stipulated by the competent departments of civil servants at or above the provincial level.
The state implements a unified legal professional qualification examination system for civil servants who are engaged in administrative punishment decision reconsideration, administrative reconsideration, administrative adjudication and legal consultation for the first time in administrative organs, which is organized and implemented by the judicial administrative department of the State Council in consultation with relevant departments.
Twenty-sixth the following persons shall not be employed as civil servants:
(1) Having received criminal punishment for committing a crime;
(two) was expelled from China * * * party;
(3) Being expelled from public office;
(4) Being listed as the object of joint punishment for dishonesty according to law;
(five) there are other circumstances in which the law stipulates that it is not allowed to be employed as a civil servant.
Can the prisoner's children go to college? 3. Legal analysis;
Going to college will not be affected, but if the child will be affected in the civil service examination in the future, the political examination will fail. The father's criminal record will have an impact on his children's future joining the army and taking the civil service examination.
The father's criminal punishment affects the political examination of himself, his lineal children, his lineal parents and his spouse in joining the army, taking the civil service examination, entering the military academy, entering the police academy, recruiting students in banks and recruiting students in state-owned enterprises. Those who fail the political examination will not be hired.
Legal basis: Education Law of the People's Republic of China
Article 29 Schools and other educational institutions shall exercise the following rights:
(1) Autonomous management in accordance with the articles of association;
(2) Organizing the implementation of educational and teaching activities;
(3) Recruiting students or other educatees;
(four) the management of student status, the implementation of incentives or sanctions;
(five) to issue corresponding academic certificates to the educated;
(six) the appointment of teachers and other employees, the implementation of incentives or sanctions;
(seven) the management and use of the facilities and funds of this unit;
(eight) to reject any organization or individual's illegal interference in education and teaching activities;
(nine) other rights stipulated by laws and regulations.
The state protects the lawful rights and interests of schools and other educational institutions from infringement.
Thirtieth schools and other educational institutions shall perform the following obligations:
(1) Abide by laws and regulations;
(two) to implement the national education policy, implement the national education and teaching standards, and ensure the quality of education and teaching;
(three) to safeguard the legitimate rights and interests of the educated, teachers and other employees;
(four) to provide convenience for the educated and their guardians to understand the academic achievements and other relevant information of the educated in an appropriate way;
(five) in accordance with the relevant provisions of the state to collect fees and open the charging items;
(6) Accept supervision according to law.
Article 33 Teachers shall enjoy the rights prescribed by law, perform their obligations prescribed by law and be loyal to the people's educational cause.
Article 37 Educated persons shall enjoy equal rights in admission, further education and employment according to law.
Schools and relevant administrative departments shall, in accordance with the relevant provisions of the state, ensure that women enjoy equal rights with men in enrollment, further studies, employment, conferring degrees and sending them abroad.