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What are the occupational restrictions for people with criminal records?
People with criminal records cannot engage in the following occupations:
1. Judges
According to Article 1 of the Law of the People's Republic of China on Judges? The following persons may not serve as judges:
(1) Those who have been criminally punished for crimes;
(2) Those who have been expelled from public office.
2. People's Jurors
Article 6 of the Decision of the Standing Committee of the National People's Congress on Improving the People's Jury System stipulates that the following persons shall not serve as people's jurors:
(1) Those who have been criminally punished for crimes;
3. Procurator
Article 11 of the Law of the People's Republic of China on Procurators? The following persons may not serve as prosecutors:
(1) Those who have been criminally punished for crimes;
(2) Those who have been expelled from public office.
4. Civil Servants
Article 24 of the Civil Servant Law of the People's Republic of China:
(1) Those who have been criminally punished for crimes;
(2) Having been expelled from public office;
(3) there are other circumstances in which it is prohibited to be employed as a civil servant according to the law.
5. Lawyers
Article 7 of the Lawyers Law of the People's Republic of China * * * An applicant shall not be issued a lawyer's practice certificate under any of the following circumstances:
(1) He has no or limited capacity for civil conduct;
(2) Those who have been subjected to criminal punishment, except for negligent crimes;
(3) Being expelled from public office or having his lawyer's practice certificate revoked.
article 49 if a lawyer is punished for intentional crime, the judicial administrative department of the people's government of a province, autonomous region or municipality directly under the central government shall revoke his lawyer's practice certificate.
6. Defender
Article 32 of the Criminal Procedure Law of the People's Republic of China (revised in 212)? A person who is being punished or deprived or restricted of personal freedom according to law shall not act as a defender.
7. Judicial Appraisal
"Decision of the National People's Congress Standing Committee (NPCSC) on the Management of Judicial Appraisal" (revised in 215)
IV. Those who have been criminally punished for intentional crimes or crimes due to negligence in their duties, those who have been dismissed from public office, and those whose appraiser registration has been revoked shall not engage in judicial appraisal business.
8. Notary
Article 2 of the Notary Law of the People's Republic of China (revised in 215)
In any of the following circumstances, he shall not be a notary:
(1) He has no or limited capacity for civil conduct;
(2) Having been subjected to criminal punishment for intentional crime or dereliction of duty;
(3) Being expelled from public office;
(4) the practicing certificate has been revoked.
9. Police
Article 26 of the Law of the People's Republic of China on People's Police (revised in 212)
No one may serve as a people's police under any of the following circumstances:
(1) He has been criminally punished for a crime;
(2) Those who have been expelled from public office.
1. Diplomatic personnel
Article 7 of the Law of the People's Republic of China on Diplomatic Personnel Abroad
shall not be appointed as diplomatic personnel abroad under any of the following circumstances:
(1) Those who have been criminally punished for crimes;
11. Members of a village committee
Article 18 of the Organic Law of Villagers' Committees of the People's Republic of China (revised in 21)
If a member of a village committee loses his capacity or is sentenced to punishment, his/her duties will be terminated automatically.
12. Auctioneer
Article 15 of the Auction Law of the People's Republic of China (revised in 215)
An auctioneer shall meet the following conditions:
(1) Having a college degree or above and professional knowledge of auction;
(2) Having worked in an auction enterprise for more than two years;
(3) Good conduct.
a person who has been dismissed from public office or revoked the qualification certificate of an auctioneer for less than five years, or who has been subjected to criminal punishment for intentional crimes, shall not be an auctioneer.
13. Directors, supervisors and senior managers of the company
Article 146 of the Company Law of the People's Republic of China
No director, supervisor or senior manager of the company may be appointed under any of the following circumstances:
(2) Being sentenced for corruption, bribery, embezzlement of property, misappropriation of property or disrupting the order of the socialist market economy.
14. Directors, supervisors and senior managers of wholly state-owned enterprises, wholly state-owned companies and state-owned capital holding companies
Law of the People's Republic of China on State-owned Assets of State-owned Enterprises
Article 73 If directors, supervisors and senior managers of wholly state-owned enterprises, wholly state-owned companies and state-owned capital holding companies violate the provisions of this Law and cause heavy losses to state-owned assets, they will be dismissed from their posts.
those who have caused particularly heavy losses to state-owned assets, or have been sentenced to punishment for corruption, bribery, embezzlement of property, misappropriation of property or disruption of the order of the socialist market economy, shall not serve as directors, supervisors or senior managers of wholly state-owned enterprises, wholly state-owned companies or state-owned capital holding companies for life.
15. Directors and senior managers of commercial banks
Article 27 of the Law of the People's Republic of China on Commercial Banks (revised in 215)
? Under any of the following circumstances, a person may not serve as a director or senior manager of a commercial bank:
(1) Being sentenced to punishment for committing crimes of corruption, bribery, embezzlement of property, misappropriation of property or disrupting social and economic order, or being deprived of political rights for committing crimes;
16. Securities practitioners
Article 15 of the Securities Investment Fund Law of the People's Republic of China (revised in 215)
Under any of the following circumstances, they may not serve as directors, supervisors, senior managers or other employees of fund managers who offer funds to the public:
(1) Because they have committed corruption, bribery, dereliction of duty, property infringement or social damage.
Article 18 of the Securities Law of the People's Republic of China (revised in 214)
Under any of the circumstances specified in Article 146 of the Company Law of the People's Republic of China or any of the following circumstances, the person in charge of a stock exchange may not be appointed:
(1) The person in charge of a stock exchange, a securities registration and settlement institution or a director of a securities company who has been dismissed due to illegal or disciplinary acts.
(2) It has not been more than five years since the lawyer, certified public accountant or professionals of investment consulting institutions, financial consulting institutions, credit rating institutions, asset appraisal institutions and verification institutions were disqualified due to illegal or disciplinary acts.
Article 131 A person who falls under the circumstances specified in Article 146 of the Company Law of the People's Republic of China or one of the following circumstances may not serve as a director, supervisor or senior manager of a securities company:
(1) The person-in-charge of a stock exchange or securities registration and settlement institution or the director, supervisor or senior manager of a securities company who has been dismissed due to illegal or disciplinary acts has not been more than five years since the date of dismissal.
(2) It has not been more than five years since the lawyer, certified public accountant or professionals of investment consulting institutions, financial consulting institutions, credit rating institutions, asset appraisal institutions and verification institutions were disqualified due to illegal or disciplinary acts.
17. Specific employees in the insurance industry
Article 82 of the Insurance Law of the People's Republic of China (revised in 215)
In case of any of the circumstances specified in Article 146 of the Company Law of the People's Republic of China or any of the following circumstances, they may not serve as directors, supervisors or senior managers of an insurance company:
(1) Due to violation of the law,
(2) A lawyer, a certified public accountant or a professional of an asset appraisal institution, a verification institution or other institutions whose practice qualification has been revoked due to illegal or disciplinary acts, and it has not been more than five years since the day when their practice qualification has been revoked.
18. Bankruptcy administrator
Article 24 of the Enterprise Bankruptcy Law of the People's Republic of China
In any of the following circumstances, he shall not be the administrator:
(1) He has been criminally punished for intentional crime;
19. Legal representative and senior management of seed enterprises
Seed Law of the People's Republic of China (revised in 215)
Article 76 If a person is sentenced to more than fixed-term imprisonment for the crime of producing and operating inferior seeds, the legal representative and directly responsible person in charge of the seed enterprise or other units shall not be the legal representative or senior management of the seed enterprise within five years from the date of completion of the punishment.
2. Person-in-charge of the production and business operation entity
Law of the People's Republic of China on Work Safety (revised in 214)
Article 91 If the main person-in-charge of the production and business operation entity fails to perform the duties of work safety management stipulated in this Law, it shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 2, yuan but not more than 5, yuan shall be imposed, and the production and business operation entity shall be ordered to suspend production and business for rectification.
if the principal responsible person of a production and business operation entity commits the illegal act mentioned in the preceding paragraph, which leads to a production safety accident, he shall be dismissed from his post; If the case constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
if the principal responsible person of a production and business operation entity is subject to criminal punishment or dismissal in accordance with the provisions of the preceding paragraph, he shall not be the principal responsible person of any production and business operation entity for five years from the date of completion of the punishment or punishment; Responsible for major, especially major production safety accidents, shall not be the main person in charge of the production and business units in this industry for life.
21. Specific employees in the food industry
Food Safety Law of the People's Republic of China (revised in 215)
Article 135 Anyone who is sentenced to fixed-term imprisonment or above for food safety crimes shall not engage in food production and management for life, nor shall he serve as a food safety manager of food production and management enterprises.
Article 138 Personnel of food inspection institutions who have been dismissed in violation of the provisions of this Law shall not engage in food inspection within ten years from the date of the decision on punishment; Personnel of food inspection institutions who have been criminally punished for food safety violations or who have been dismissed for major food safety accidents due to false inspection reports shall not engage in food inspection for life.
if a food inspection institution employs a person who is not allowed to engage in food inspection, the competent department or institution that granted the qualification shall revoke the inspection qualification of the food inspection institution.
Extended information:
New provisions of Criminal Law IX of the People's Republic of China * * * and China
One article is added after Article 37 of the Criminal Law as Article 37: "If a person is sentenced for committing a crime by taking advantage of his occupation, or committing a crime that violates specific obligations required by his occupation, the people's court may, according to the circumstances of the crime and prevent recidivism.
adults break the law and children suffer: in the civil service political review, one of the tasks is to examine whether the immediate family members of the candidates have criminal records. If the immediate family members have criminal records, the children's civil service political review will not pass.
The following behaviors of immediate family members will affect their children's taking the civil service examination:
1) Lao Lai refers to those who have the ability to repay their accounts, but refuse to pay them back.
2) The candidates' "career" will be affected if their immediate family members are sentenced to death, are serving their sentences (no matter what punishment), have committed crimes against national security, and are being put on file for review.
3) Parents have a criminal record of drunk driving, which affects the children's political examination of civil servants.
References: Paosha Office of Justice in Chengxian County, Longnan.
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