Changes urged on documents for ex-convicts

China's top legislature has urged improvements or optimizations of some normative documents that restrict employment opportunities for people with criminal records, so as to uphold the Constitution and ensure its implementation.

The Legislative Affairs Commission with the Standing Committee of the National People's Congress, the country's top legislative body, said it has received requests from residents, including law professors, to review regulations that limit the employment or social benefits available to ex-convicts.

The residents argued that such restrictions are neither reasonable nor helpful for ex-convicts to reintegrate into society. They called on the commission to review these regulations and address the issues.

"It is necessary to impose employment restrictions on individuals with criminal records in certain specific fields," said Shen Chunyao, head of the commission. "But if the restrictions are overly broad or arbitrary, they will be unreasonable and inconsistent with the principles and spirit of the Constitution."

He emphasized that such restrictions should be imposed only after considering factors such as the nature of the criminal charges, the severity of offenses and the degree of social harm caused.

Yan Dongfeng, an official responsible for reviews within the commission, underscored the importance of upholding and implementing the Constitution, stating, "Every citizen has the right and obligation to work, which is one of the fundamental rights granted by the Constitution."

He noted that a significant part of the commission's role involves reviewing normative documents, such as judicial interpretations and administrative regulations, to ensure they comply with the Constitution's principles and spirit.

While acknowledging the need for crime prevention measures in some regulations, Yan stressed that adhering to the Constitution is paramount.

Following a review, the commission identified improper employment restrictions or outright prohibitions in some normative documents regarding individuals with criminal records. "We have urged the regulation providers to revise or optimize the content promptly, supported by more research on the issue," he said.

Additionally, the commission reached out to local departments flagged by residents for regulations prohibiting ex-convicts from applying for basic living allowances. If such content was confirmed, it would need to be corrected as it contradicts the Constitution.

The Constitution stipulates that every citizen has the right to receive financial aid from the state when they are elderly, ill, or unable to work.

These rights also apply to individuals with criminal records in such circumstances, Yan added.

Upon investigation, the commission found that the content about the restrictions imposed on those with criminal records cannot apply for basic living allowance had been repealed long ago but had not been removed from official websites. To reduce public confusion, regulation providers have been instructed to annotate outdated regulations or remove them from public platforms entirely, Yan said.

To address similar issues, the NPC Standing Committee has also established a public database for filing, recording and reviewing normative documents to ensure their validity.

According to the report, the database currently contains over 380,000 normative documents, including more than 21,000 local government regulations.