Legal Criminal Traffic Problems

The crime problems in ethnic minority autonomous regions of China have aroused wide public concern. It is a really and challenge for the country as well as the ethnic minority autonomous regions to curb the crimes effectively and achieve the expected targets of formulating criminal policies in minority areas. As one of feasible approaches to improve and perfect the criminal laws in ethnic autonomous regions, it is necessary for us to review and reflect on the implementation of the policy of ""Less Arrest or Death Penalty and More Leniency", to realize the legislation, normalization, concretization and operationalization of the Chinese national criminal policies through initiating the legal adaption of the criminal laws in ethnic minority autonomous regions.The issue of legal adaption of criminal law had been stipulated in the Criminal Law1979and the new Criminal Law amended in1997. However concrete regulations concerning legal adaption of criminal law are formulated and available in none of the ethnic autonomous regions for the time being. This thesis aims to find out the causes of difficulties in producing such regulations regarding legal adaption of criminal law from the perspectives of Legal norm, theories as well as other non-legal factors. In addition relative countermeasures and even suggestions have been proposed in this thesis.The thesis consists of five chapters:First, the research background and significance of the study has been stated. It also make an introduction to the current research status of the study home and abroad, including the research method and objectives.In the first chapter, the Connotative meaning, the legal status and character of the legal adaption of criminal laws have been analyzed. There is no consensus, in academic circles, on the connotative meaning of the Legal Adaption, which stems from the divergence of views on the legal subject, objectives of law, limits and the forms of the Legal Adaption. It is the top priority of the study to make explanations and clarifications on all aspects mentioned above on the basis of the current laws and relevant theories. After making further explanations on legal adaption of criminal law the author elaborated the legal status of legal status of criminal law, which mainly focused on the discussion and contradiction to the opinion proposed by some academics that there is no criminal law adaption right stipulated in the current laws and regulations. Finally, this chapter discussed the character of the legal adaption of criminal laws, including the characters of nation, region, necessity, complementariness and development.Chapter Two has explored the extension of the theoretic space of legal adaption of criminal law. It is necessary, both in the aspects of supporting adaption and opposing it, to explore the theoretic foundation of the Legal Adaption hidden in the provisions of the Law. The reasons for supporting it are the following:the unification of the common pursuit of cultural values and diversity of realizing the values; the restriction of the centralization of the legislative power of criminal law; the "more elasticity but less rigidity" of the criminal policies in minority areas. While the reasons for opposing it are the following:the inherent tensions may exists in the unification of the state legal system;potential ethnic separatism and regional protectionism may be produced; there is paradox in the specificity which is the foundation of the Legal Adaption.Chapter three made an analysis on the practical operation of the Legal Adaption. The demands for the Legal Adaption are different in different regions; therefore, it is feasible and reasonable to do field research on Legal Adaption in certain minority areas. According to the investigation conducted by the author in the Xinjiang Uygur Autonomous Region, it reveals that the situation of Violent Terrorist Crime is very tense in the local region. The local experts of law and local legislature had conducted much research on this while laws concerning the violent terrorist crime have not been introduced. Beginning from introducing the geographical environment, social background and the forms of social governance in Xinjiang region, the thesis made an analysis on the legislations against terrorism from the state level as well as the drawbacks of the current legislations, which is the deficiency of national laws. The author also explained the necessity of carrying out legislation against violent terrorist crimes. Finally the author analyzed the reasons for not introducing such relevant laws and the revelation on other local legislation.Chapter4made an analysis of norms and value on the legal adaption of criminal law in terms of the theories of criminal laws. The Ethnic autonomous regions not only have their political characteristics but also have much cultural customs. The cultural customs that constitutes the criminal customary laws might be the flexible matters for the criminal laws. Selecting the cases of rape crime occurred in the Tibet region in Qinghai Province as sample, the author, starting from the social reaction on rape crime and the evaluation on the social harmfulness in local area, the author made an in-depth discussion on the possibilities of conviction adaption, penalty adaption and the adaption of criminal prosecution procedures and proposed some concrete suggestions based on the analyzing the feasibility and necessity of some adaption matters.Chapter five discussed the legal effect of norms of adaption of criminal law. That who enact the norms of adaption of criminal law and who should be in the charge of it not only has close relationship to the effect of the norms of the legal adaption of criminal law, but also is a problem that should be solved in the stipulations in the norms of the legal adaption of the criminal law. The first section of this chapter analyzed the effective grade of legal adaption of criminal law, which closely linked to the legislatures and the forms of the norms of the legal adaption of criminal law. It can be comparison to the legal effect of state laws and other regional regulations. The second section made an analysis on the effective scope of the norms of legal adaption of criminal law, including the effect on the cases and the area coverage of the effect. It seems to be difficult to make a united norms applicable standard by the object of the legal adaption of criminal law, but the principle of equality before the law should be considered and implemented when identifying its Applicable object...