The Civil Servant Law of the People’s Republic of China restricts the right of citizens who have received criminal punishment to take government service. Firstly, this restriction conflicts to some extent with the spirit of the constitution, which safeguards citizens’ rights to participate in politics and equality. Secondly, this restriction creates an inconsistency in scope between the subjects exercising the right to take government service and the subjects exercising the right to be elected. Finally, this restriction nullifies the substantive function of the “deprivation of political rights” in the accessory punishment in criminal law. Therefore, this paper suggests amending Article 26, Paragraph 1 to state that “persons deprived of political rights according to the criminal law shall not be employed as civil servants”, so that the evaluation of whether to restrict the “right to take government service” is no longer solely based on an abstract assessment of having “been criminally punished”, but rather to be judged specifically by the courts and judges in individual cases.