Conflict And Integration: Research On The Application Of Tibetan Criminal Reconciliation

As a new method to solve the criminal, criminal reconciliation aims to repair the social relationship between the criminals and the victims. It is also helpful to defuse the social contradictions and to construct a harmonious society. It is a benefit try in the judicial practice and meanwhile it provides a new way of thinking to the reform of our judicial system. Because of the existence of the Tibetan Customary Law, criminal reconciliation has rich experience and traditional resources in Tibetan areas. It can provide a platform for dialogue between the Tibetan Customary Law and the Country Criminal Law, establish an effective way for the combination of them, in order to make the collision between them decrease or even disappear. There are six chapters in this thesis. Chapter One is introduction. Chapter Two intends to find the existence of Chinese criminal reconciliation system, by considering the western criminal reconciliation system and analyze the current situation where the criminal reconciliation can be adopted in Tibetan areas so as to provide a actual basic for establish of criminal reconciliation in these areas. Based on the Customary Law, Chapter Three analyses the theoretical foundation of the criminal reconciliation system in Tibetan areas and clean all the barriers for the accession of the criminal reconciliation system. Chapter Four indicates the criminal reconciliation can exist in Tibetan areas from four aspects: harmony of the Tibetan society, satisfaction degree about the dispute settlement, efficiency of the litigation and the savings of the judicial resources and personal cost. Chapter Five does researches in Gannan area, and make an original analysis in four true and typical cases to reflect reasonability, necessity, advantages characteristics and problems that the criminal reconciliation system has in Gannan Tibetan areas. Meanwhile it also provides a powerful evidence for the establishment of the criminal reconciliation. Chapter Six designs and construct the system and model and put forwards some suggestions on legislation, combining the actual situation in the Gannan areas.