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Legal analysis: Detention is divided into two types: criminal detention and administrative detention, and administrative detention will retain the case record, which will have a certain impact on the political trial of the judge himself, but will not affect the children. If the criminal detention caused by the crime is investigated for criminal responsibility, the criminal record will be left, which will affect the political review of some of the children's future jobs, such as not being able to join the army, not being able to find relevant jobs, etc.
Legal basis: Article 8 of the "Provisions on the Political Review of Conscription".
Principal members, direct dependents, members of major social relations, or other relatives who have a greater influence on the person, who have been criminally punished, expelled from the Party, expelled from public office, or have serious violations of the law that have not yet been clarified, and who have words or deeds that shield or retaliate, must not be conscripted for active service.
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A: Except for the impact of political future, there is no other impact. In addition, it does not matter if you go to university and do not take the military academy or police academy, but it does have an impact on being a soldier and taking the civil service exam.
As long as they are subject to criminal punishment, they will have a certain impact on themselves, their children, and grandchildren in the future, especially in the future, if their descendants want to work in national secrecy units, senior military departments, and other single-portable bridges, they may not be admitted because they fail to pass the political examination. In the current situation, only in the institution, department or school where there is a political trial, the parents' criminal records may adversely affect the children.
Legal basis: Article 26 of the Civil Servants Law The following persons shall not be hired as civil servants:
1) Those who have received criminal punishment for a crime;
2) Those who have been expelled from the Communist Party of China;
3) Those who have been dismissed from public office;
4) They have been lawfully listed as targets of positive joint disciplinary action for untrustworthiness;
5) There are other circumstances where the law provides that they must not be hired as civil servants.
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Four effects of a person subject to criminal punishment on a child.
First of all, leaving a criminal record means being found guilty by a court judgment, and administrative detention will not leave a record. Those who do not go to prison but are sentenced to controlled release (the punishment of community correction outside the prison), or who are sentenced to probation, temporary service of sentence outside of prison, etc., will be recorded.
Secondly, political review is divided into strict political review and non-strict political review. For institutions that require strict political review, such as police academies, military academies, and judicial positions, it is mainly required that the immediate family members do not have the four circumstances prescribed by law. Refer to the police political review and evaluation standards, the "Regulations on the Political Review of Conscription" and other documents).
For institutions that do not have strict political trials, it is mainly required that they are not punished for the first three crimes prescribed by law. If the immediate family members are punished for some less serious crimes (such as drunk driving) and economic crimes (such as illegally absorbing public deposits), they will not be affected. Under normal circumstances, if the next of kin is serving a prison sentence or is under criminal investigation, it will have a greater impact on the children in all aspects.
1. Go to school. 1.For general universities, there will be no restrictions unless there is strict political review.
2.For those who apply for the police academy and other public security academies, the students who apply for the examination should be strictly examined, and the crimes committed by their immediate family members will affect the application for the examination.
3.For those who apply for military academies (including military medical colleges and pilots), or who volunteer to be national defense students in the college entrance examination, and want to join the army as a reserve after graduating from high school, they will be subject to strict political examination and will be affected by the application.
In general, once there is a criminal record in the family, then the child is basically insulated from the civil servant post, military school, police academy, etc., even if some positions do not have strict requirements for political review, and then joining the party and being promoted will also be affected. For positions such as the military and police, it even has an impact on the third generation.
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