| At present, Chinese society is in the critical period of transition, conflicts of interests have appeared prominently, and the situation of social security is still severe, and the crime rate is high, minority crime is also increasing year by year. At present, from the country as a whole, although minority crime rates are lower than that of the Han crime rate, but in some areas of ethnic minority crime is more serious, in recent years become a concern of the phenomenon. In ethnic minority areas, a series of violent terrorist crimes continue to occur and cause serious damage to national security, national unity, social order and people of all nationalities lives and property. At the same time, in the mainland provinces and cities, Part of the Minority Floating Population criminal activities have become increasingly frequent, even showing a growing trend in some areas, pose a threat to the stability of social order and people’s personal safety, has become a prominent social problems seriously affect the social order.In China, ethnic minorities in the process of historical development, formed the characteristics different from the Han nationality, it includes the social structure, life style, cultural traditions, religious beliefs, customs and habits, values and moral law consciousness and so. In addition, Because of the history and the natural environment and many other reasons, The level of economic and social development in ethnic minority areas is still relatively backward, people living in poor conditions, the overall quality of the population is low, contact with the outside world is more difficult, and The spread of the mainstream culture and idea is relatively slow. Therefore, the minority people and Han people have some differences in the quality of education and the concept of law, differences also exist between minority crime and Han crime. Awareness of the traditions and customs of the ethnic minorities and religious law has not completely disappeared, still more or less affect their lives, and its impact is greater than the law of the country in some area. For these reasons, The Minority and the Han nationality are different in the crime concept and value orientation, resulting in the minority and the Han nationality on the same behavior of social harmfulness and illegal cognition and definition of all kinds of crime and the treatment differences.In recent years, the crime situation in minority areas, some crimes have relations with minority habits, some crime has nothing to do with the minority habits, and both misdemeanor and serious violent terrorist crimes, both ordinary crimes, and crimes of endangering national security. From the crime trend, at present, ethnic minority areas, the overall crime rate is on the rise. From the crime types, showing the subject of crime is becoming younger, the crime of farmers, unemployed crime, juvenile delinquency and female crime continue to increase, and more property crime and drug crime. And endangering national security crime and violence, terrorist crimes have occurred, and the floating population crime is increasing.According to the characteristics of ethnic minority crime, China has formulated and implemented criminal policy of ethnic minorities. However, from the decades of the situation in our country, the criminal policy of ethnic minorities has not been up to the legislative level, the judiciary nor provided supporting regulations. The academic circles and judicial departments of the policy debate is more. In addition, Chinese criminal law clearly stipulates the minority autonomous regions can be adapted or supplemented to the criminal law, However, so far, China has not an ethnic minority autonomous areas to develop a criminal modifications or supplements may apply.In the new historical period, under the guidance of the idea of building a harmonious society, China put forward the criminal policy of combining punishment with leniency, and make it become the basic criminal policy in china. According to the authoritative interpretation and understanding of most scholars, The criminal policy of combining punishment with Leniency can be summarized as follows:the different circumstances of the crime, be treated differently; the wide, wide, when strict is strict complementary; leaving, leaving degrees; assess the situation and wide.The complexity of China’s national conditions and the special situation of ethnic minority determine the particularity and complexity of ethnic minority crime. Ethnic minority crime as a complex, sensitive social issues, it can effectively control is related to national unity, social stability and national security issues, is the foundation of national long period of stability and the broad masses of the people live and work in peace. In this article, I investigate the crime of ethnic minorities in Xinjiang, and from the aspects of criminology, sociology and ethnology, analyzes the ethnic minority crime, and reveals the criminal phenomena of ethnic minority, and discusses the control of ethnic minority crime. And detailed discussed the problem of how to implement the criminal policy of combining punishment with leniency on control of ethnic minority crime. Generally speaking, this paper including6parts:In the first part, Taking factual information and data about ethnic minority Crime in Xinjiang, describe and analysis the basic situation of juvenile crime, violent terrorist crime, the crime of endangering National security, drug crimes and the crime of floating population in Xinjiang.In the second part, this paper gave a comparative study on the concept of criminal policy, analyzed and summarized the different perspectives of Chinese and foreign scholars on the concept of criminal policy. At the same time, from a different point of departure for criminal policy divide, discusses the different types of criminal policy.In the third part, Discusses The historical origin and development of the criminal policy of combining punishment with Leniency, expound the relationship between the traditional culture of ancient China and the criminal policy of combining punishment with leniency, and analyzes the basic meaning and theoretical basis of the criminal policy of combining punishment with leniency.In the fourth part, Discusses the criminal policy for ethnic minority, and Explain the basic content and the forming process and the implementation of the criminal policy for ethnic minority, and Analysis of the relationship between the criminal policy for ethnic minority and the basic criminal policy in China. and analyzes the problems of the criminal policy for ethnic minority in practice, and Put forward the suggestions for improvement of the criminal policy for ethnic minority.In the fifth part, Discusse how to carry out the criminal policy of combining punishment with leniency in the control of ethnic minority crime, and discusses the provisions of ethnic autonomous regions to formulate adaptive or supplementary provisions. And discuss the decriminalization and depenalization in the minority crime, and discuss the controlling of death penalty in the minority crime. In the sixth part, Discusses the social control of minority crime, and explanation the criminal reconciliation of the minority crime in the customary law of ethnic minority, and analyzes the contradiction and the conflict between the laws of the national laws and customary law of ethnic minority on the criminal reconciliation. At the same time, analyzes the reasons of the minority criminal, and discusses the other social control measures of ethnic minority crime. |
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