论对有前科者就业的限制与保护简

对有前科者就业的限制是指对其就业范围的限制，包括实体规定和实现限制的程序规定。实体规定应以工作的性质与有前科者被执行刑罚的性质为标准。程序规定则以颁发行为证明书或犯罪记录证明书的做法较为可取。我国刑法规定的前科报告制度难以体现程序的外在价值和内在价值，并不能实现对有前科者就业的有效限制。对有前科者就业的保护需以前科消灭制度的建立为前提，并辅之以具体的规定与政策。

The Limitation and Protection of the Employment of Citizens with Criminal Record

The limitation of the employment of people who have criminal records refers to the restriction on the scope of their occupation, which includes substantial provision and procedural provision that helps to achieve the limitation. The standards for substantial provision should be the nature of the job and the nature of the penalty. The practice of issuing behavior certification and criminal record certification is advisable in procedural provision. The criminal record report system can hardly embody the interior and exterior value of procedure, and cannot achieve an effective regulation on the employment of people who have criminal records. The protection of the employment of people who have criminal records should be based on the premise of criminal record vanishing system, and suppor- ted by detailed provisions and policy.