Criminal System Local Resources: Traditional Dispute Resolution And Transformation Of The Value

In recent years, the rise of the criminal settlement in the West system was introduced to our country, by domestic scholars and practitioners of high priority. Modern Criminal Law fully embodies the reconciliation of political democracy, equality, freedom of contract, so the spiritual essence of supremacy of human rights, rule of law can fit modern trends. But now, China's criminal settlements of mostly Western countries learn from the theoretical and practical departments tend to be criminal according to the Western system of pilot work of reconciliation, and there are many problems.In fact, China's traditional legal resources, both in concept of the criminal settlement or the system has a large number of resources available, particularly in minority areas of China there is not a large number of civil and customary law and systems of modern Criminal reconciliation between the various fit of the Department, but now also played by the State Law irreplaceable role. Therefore, the use of local resources to build with our local characteristics of the criminal settlement system is an important research value of the issue, and ethnic minority areas of customary law in the dispute resolution bears great reference value of things. The position of this is that should make full use of private resources in minority areas, in minority areas to carry out criminal reconciliation first pilot to build a national system of local characteristics of the criminal settlement, so that minority value of the traditional dispute resolution methods are fully released to achieve national law of customary law in minority areas of communication, adaptation and integration.This paper is divided into three parts, the first overview of the basic concepts of criminal settlement system and its value; the second part is to introduce minority ethnic customary law perspective, this leads to a criminal settlement system of minority local resources Dispute Resolution - mediation, and further analysis of the value of mediation and its construction in minority areas, for the role of the criminal settlement; the third part of the criminal settlement construction in minority areas, the feasibility of the system and the construction of the system a preliminary thinking.