#Headline Creation Challenge#During the two sessions, CPPCC member Zhou Shihong put forward the proposal of "eliminating restrictions on the public examination of criminals' children", which was unassailable after Luo Xiang's legal argument, which completely exceeded common sense and expectations. Since the rationality of this proposal could not be broken from the legal theory or moral level, Luo Xiang became the target of online violence.
Political trial is not a law, but only a link or principle in the process of public examination
In fact, the phrase "removing restrictions on the examination of the children of criminals" is very imprecise and even wrong. The "Law of the People's Republic of China on Civil Servants" lists five situations in which one cannot be hired as a civil servant because he has been criminally punished for a crime, expelled from the party, dismissed from public office, listed as a joint punishment for untrustworthiness according to law, and cannot be hired as a civil servant by law, and there is no provision that "the children of criminals shall not be admitted to public service."
Member Zhou Shihong's real point of view lies in the system of political review
What really led to controversy was whether the civil service examination should be reviewed politically, and whether all civil service positions should be made public to the children of criminals.
If we look at Committee member Zhou Shihong's proposal and Luo Xiang's argument from a purely legal point of view, their views are indeed correct. However, it would be a big mistake to deny the rationality of the existence of the political trial system from a legal point of view.
The fault lies in the fact that the law does not recognize its identity: the law is in the service of politics, and it is made by the dominant class to guarantee fundamental interests. Political trial is another measure taken by the ruling class to achieve its fundamental interests: all those who enter this class must meet the requirements of the ruling rule and embody fundamental interests. It can be seen that both are the same in terms of starting point and purpose. Law and political trial are like two sons of politics, whether the elder brother denies the younger brother or the younger brother denies the elder brother, it is against the father's will.
The mainland is a country under the people's democratic dictatorship, and although the scope of strata has changed or even expanded, this attribute has not changed to this day. In order to safeguard its fundamental interests, the ruling class not only formulates laws but also adopts the method of political review; There are both "defense" and "attack" methods, whether it is law or political trial, whether it is "attack" or "defense", both are reasonable.
The political examination system precisely embodies the "prevention" aspect: In order to safeguard the fundamental interests of the people, all kinds of state organs at all levels must guard against and set corresponding conditions and put forward corresponding requirements when recruiting and hiring staff. Putting aside the political nature of the law and political trial, member Zhou Shihong held that although the children of criminals did not break the law, or even the possibility of breaking the law in the future, although legal, it was unreasonable. It is ridiculous to negate political trials with the law, just as the left hand denies the right hand.