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If one of the parents has violated the law and committed a crime, it may be affected to a certain extent in the process of the unit's political trial.
Because, even if the parents are divorced, both parents need to be politically tried when the child is in political trial. The main content of the political trial is the political situation of the immediate family and the main social relations close to the person, and the relationship between the parents and the children is not extinguished by the dissolution of the marital relationship, and after the divorce, the children are still the children of both parents, regardless of whether they are directly raised by the father or the mother.
[Legal basis].
Civil Code of the People's Republic of China
Article 1084: [Parent-Child Relationship After Divorce] The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
Detailed Rules for the Development of Party Members of the Communist Party of China
Article 16: Party organizations must conduct a political review of the development targets.
The main contents of political review are: attitude towards the party's theory, line, principles, and policies; political history and performance in major political struggles; compliance with laws and regulations and social morality; The political situation of the immediate family members and the main social relations close to the person.
The basic methods of political examination are: talking to the person himself, consulting relevant archival materials, seeking information about the situation from relevant units and personnel, and making necessary correspondence or external transfers. After listening to the person's introduction and reviewing the relevant materials, if the situation is clear, it may not be transferred by letter or from outside.
When conducting a political review of the development targets among the floating persons, the opinions of the grassroots Party organizations at their place of household registration and residence shall also be solicited.
Political review must be serious, seek truth from facts, and pay attention to the consistent performance of the individual. The review shall form conclusive materials.
Those who have not undergone political examination or who are not qualified for political examination cannot be recruited into the party.
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If the husband and wife have divorced, and one of them has committed a crime or committed a crime, it does not affect the employment of the children. As long as the children reach an agreement with the employer through consultation, they can sign a labor contract in accordance with the law, establish an employment relationship, and enjoy the protection of the law. For specific circumstances, the parties are requested to verify on their own according to the actual situation and relevant legal provisions.
Article 10 A written labor contract shall be concluded for the establishment of labor relations.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
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Yes. The relationship between parents and parents will not be lost because of the divorce of the husband and wife.
In some about civil servants, public institutions. There will be a political review, and one of the contents is that the candidate's immediate family members or collateral relatives with significant influence have no criminal record.
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Legal analysis: If it has an impact and affects the child's future examination, the political examination will not be passed.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.
The People's Court hearing a divorce case shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Tease.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Legal Analysis: Yes. In our country, blood ties are lifelong in life. Even if the parents divorce, the father-son relationship and the mother-child relationship do not end because of this. Therefore, if one party commits a crime, the children will still be implicated.
The law is based on the Civil Code of the People's Republic of China
Article 26: Parents have the obligation to raise, educate, and protect their minor children. Adult children have an obligation to their parents to support, support and protect them.
Article 1045: Relatives include spouses, blood relatives, and in-laws. Spouses, parents, children, siblings, Min Hongxiao's grandparents, maternal grandparents, grandchildren, and maternal grandchildren are close relatives. Spouses, parents, children and other close relatives living together are family members.
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Legal analysis: If it is an administrative violation, the record will have little impact on the children; If it is a criminal violation record, if you apply for military academies, police academies and other colleges and universities that are admitted in batches in advance, you will not be able to pass the political examination; When a child is looking for a job, if he wants to apply for the civil service, or a state organ or institution, or a public procuratorate and law unit, etc., he will not be able to pass the political examination.
Legal basis: Civil Servants Law of the People's Republic of China
Article 7: In the appointment of civil servants, persist in having both ability and political integrity, putting morality first, persist in appointing people on the basis of merit, persist in putting career first, be fair and upright, highlight political standards, and pay attention to good work performance.
Article 13 Civil servants shall meet the following requirements:
1) Have the nationality of the People's Republic of China;
2) Be at least 18 years old;
3) Supporting the Constitution of the People's Republic of China, the leadership of the Communist Party of China and the socialist system;
4) Have good political quality and moral character;
5) Have the physical and psychological qualities to perform their duties normally;
6) Have the education level and work ability that meet the requirements of the position;
7) Other conditions provided for by law.
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