在我国公务员录用制度中有一个限制条件--前科禁止制度,即曾因犯罪受过刑事处罚的人员不得被录用为公务员。尽管从普通人的眼光来看,《公务员法》第二十四条的规定合情合理,但从理论上来说,它与公民平等就业权、比例原则、禁止不当联结原则等宪法学和行政法学的基本理论相违背,也违反了《宪法》之规定。即使从保障人权的理念出发,这一制度也同样存在诸多需要改进之处,既能达到提高公务员素质,又能保障有前科者的平等就业权,才是最为理想的目标。 In our civil service recruitment system there is a restriction - the former system of prohibition, that was once subjected to criminal penalties for criminal personnel may not be hired as a civil servant. Although the provisions of Article 24 of the Law on Civil Servants are fair and reasonable from the ordinary people’s point of view, in theory, the basic principle of constitutional law and administrative jurisprudence such as equal employment rights with citizens, the principle of proportionality and the prohibition of improper association The theory runs counter to the principle and also violates the provisions of the Constitution. Even from the concept of safeguarding human rights, there are also many areas that need improvement. This system can not only achieve the goal of improving the quality of civil servants but also ensuring equal employment rights for those who have been ex gratia.