Research On The Pre-control Of "minority-to-penalty" Cases In Ethnic Areas

The essence of the "Civil Disputes Become Criminal Offences"pre-control research is dispute resolution and crime pre-control,but it is special in that this legal phenomenon involves both civil dispute resolution and criminal crime pre-control.In fact,the research on dispute resolution and crime pre-control has become a hot issue in many disciplines such as law,sociology,anthropology,etc.However,there are not many studies that combine the above disciplines and combine the disciplines of ethnology.China is a unified multi-ethnic country with a vast territory and a wide range of ethnic customs.The reasons for triggering the "Civil Disputes Become Criminal Offences" case in ethnic areas have particularities,but at the same time ethnic culture resources in minority areas are also very rich.There are also certain differences in the measures for handling and resolving the "Civil Disputes Become Criminal Offences" case.Therefore,in order to maintain national unity and promote the harmony and stability of ethnic areas,it is necessary to deepen the supply of dispute resolution and criminal pre-control to national cultural resources in ethnic areas,and to further improve and build a diversified dispute resolution mechanism in ethnic regions,and to develop ethnic minority areas.The study of "Civil Disputes Become Criminal Offences" has important value and significance both in theory and in reality.This paper uses the methods of text analysis,field investigation,literature analysis,and case analysis as the research method to find problems,analyze the reasons,and propose countermeasures.It is based on social anomie theory,social conflict theory,social prevention theory,and society.Cybernetics,legal pluralism,and other theories are theoretical perspectives;taking the example of the Miao and Dong Autonomous Prefecture of Southeast Guizhou Province as an example,the data on "Civil Disputes Become Criminal Offences" cases in the past five years have been analyzed,and five common "Civil Disputes Become Criminal Offences" cases have been summarized.The causes of these nve types of "Civil Disputes Become Criminal Offences" cases have been thoroughly discussed.Finally,corresponding countermeasures and suggestions have been put forward for the prevention and control of the"Civil Disputes Become Criminal Offences" cases in ethnic regions.This paper systematically studies the mechanism of civil dispute resolution and pre-control of crimes in the ethnic minority areas in the form of a point of view.Based on the analysis of traditional dispute resolution and pre-control patterns of crimes,it has established a case of "Civil Disputes Become Criminal Offences" in ethnic minority areas.Pre-control new mode-multi-level and progressive pre-control mode."Multi-level"means that the pre-control of "Civil Disputes Become Criminal Offences"cases in ethnic areas includes the three levels of pre-transfer prevention,post-transfer control,and special pre-control.The first level of "pre-transfer prevention" is divided into prevention before civil disputes and prevention after civil disputes occur.The fonner is mainly for comprehensive prevention,and the latter is mainly for diversified dispute resolution.Comprehensive governance is mainly the comprehensive use of political,economic,administrative,legal,cultural and educational means to control and govern social security in order to prevent the occurrence of conflicts and disputes;and diversified dispute resolution mechanisms mainly include public dispute resolution mechanisms.There are three categories of quasi-public dispute resolution mechanisms and private(folk)dispute resolution mechanisms.This article focuses on the "132" in Kaili,Southeast Guizhou,the"Conciliation Mediation" of Jinping County,the "Great Access to Open Doors" in Huangping County,the "Warm mediation" in Jianhe County,the "Four Word Cup Mediation" in Liping County,and the There are multiple dispute resolution models such as "Thr-ee defense lines" in TianZhu County,"Village rules imprinted on the stele" in Congjiang County,and "Court of folk songs" in Rongjiang County.The second level of "post-control" mainly refers to the control of the "Civil Disputes Become Criminal Offences" case in the various stages of judicial reform.This article believes that in the investigation stage of public security investigations,the "right to file a criminal case" and some cases of"transferring criminals to civilians" should be used with caution.In the stage of examination and prosecution by the Public Prosecutor,the"authority for arresting and approving" should be used with caution,and"does not prosecute" should be used cautiously."At the court stage of trial,attention should be paid to control measures such as non-criminalization,non-penalization,and the application of light penalties.The third level of "special pre-control" mainly refers to ethnic minority areas based on their own special "ethnicity",so that special pre-control measures should be taken for "Civil Disputes Become Criminal Offences" cases in ethnic areas.This article believes that the"Liang shao yi kuan”national criminal policy,the right to change the criminal law in ethnic autonomous areas,and the customary law of ethnic minorities,such as policies,laws,regulations,and customs with distinctive ethnic characteristics,all have pre-controls for "Civil Disputes Become Criminal Offences" cases in ethnic regions.Special significance and value."Progressive" refers to the progressive relationship before and after"turning forward" and "turning backwards." "Before turning" belongs to"civil disputes",and "turns behind" belongs to "criminal crimes";"previously" is well prevented.To prevent the occurrence of "turning backwards" control and to solve "criminal crimes" with good resolution of "civil disputes","preceding settlements" are not "postponed","civil disputes" are not "criminal crimes," "early resolution" No "delayed solution"."Multi-level" is realized in the progressive process."Progressive" is carried out in three levels of pre-control means,so"multi-level" and "progressive" are an organic and unitary whole.You have me,I have you.The construction of the model is not the purpose of this study.The practice of this model can optimize social governance methods in ethnic areas,innovate social governance methods in ethnic areas,and improve the level of social governance in ethnic areas.This is the direct purpose of this study.The operation of this model can effectively prevent the occurrence of civil disputes in ethnic areas,effectively resolve the conflicts of civil conflicts in ethnic areas,effectively reduce and control the occurrence of illegal crimes in ethnic areas,and achieve harmony and stability in the ethnic areas and long-term stability,promote national unity and common prosperity.This is the ultimate goal of this article's research and pursuit.