和谐社会视野下前科歧视及其法律规制

Legal Regulation on Prohibiting Discrimination against Criminal Record in Eyes of the Harmonious Society

我国法律和实践中存在对有前科公民的歧视,由此造成有前科者就业困难,以致重新犯罪,不利于和谐社会的构建。文章借助科学发展观和和谐社会理论所提倡的以人为本、公平、正义等理念剖析前科歧视的不合理性,提出应从立法和法院诉讼两个方面保障有前科公民的正当权益,以实现社会的和谐。

There are a lot of discrimination against the citizens who have the criminal records in China＇s legislation and legal practice. Due to discrimination, it is very hard for the citizens who have the criminal record to find a job, even causing them to commit the crime again, which is not good for constructing the harmonious society. The author analyses the unreasonableness of the discrimination against the citizen who have the criminal records with the help of such ideas as ＂the people oriented logos, fairness and justice＂ supported by the theory of scientific development and the harmonious society .The author puts forward two ways to protect the rights of the citizens who have the criminal records and achieve the harmony of the society： the legislation and the litigation in the courts.