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The Research On Modification Of Criminal Law In Ethnic Minority Areas

Posted on:2009-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z H LiangFull Text:PDF
GTID:2166360272457805Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China's various ethnic minorities of national customary law, formed naturally in the long historical development and social progress, is the accumulated wisdom of the results which contains law concepts, law, norms and physical shape, and other rich content. Meanwhile, it has some outstanding features including nationalism, groupment, materiality, the sense of analog. The customary law is China's traditional culture of the valuable property one. The customary law affects the behaviors and thoughts of the citizens of the ethnic minorities.But it still works on today.Countries to develop the country's criminal law can only be economic and cultural development of the general level and the majority of the population in the basic situation of crime and can not reflect the specific crime characteristics of the ethnic minority areas, thus Penal Code can not be certain norms of the Criminal Code applies to all minorities.Penal Code as a state law enacted, which is transplanted and a kind of foreign law for ethnic minority people. However, in the Context of the strong national law, all ethnic minorities and people did not completely change their patterns of behaviour, in accordance with the requirements of the Criminal Code and not for inaction, but who still abide by the customary law of this nation and resolve some disputes with customary law in their day-to-day production and daily life. Why is there such a situation, it is precisely because the spirit of customary law minority ethnic people in the hearts of interdependence. China's Constitution and the law gives the local government organs in national autonomous modifications to the legal rights of our way to solve problems. But for now, the modifications to the Penal Code and the Penal Code are applicable, mutatis mutandis legislation has yet to be effectively implemented, how can the Penal Code and national customary law to achieve healthy interaction? It is social norms that guarantee the integrity and effectiveness of systems that we need to address the problem.This article from the autonomous areas of criminal law in the case of the modifications were adapted from the criminal law legislation and application, reveals the perspective conflicts between minorities customary law and criminal law and its manifestations, and discusses the rationality and necessity from the perspective of both history and reality of proof in criminal law modifications to the ethnic autonomous areas, on the basis of this proposed measures to resolve the criminal law and customary law of the ethnic conflict, safeguarding national stability of the region and build a harmonious ethnic relations. The article is divided into four parts. The first chapter, from the history of minority criminal justice, starts exploring the history of the Penal Code modifications reasonable. And it reaches a conclusion that criminal law should be adapted in ethnic autonomous areas, from the country of the rule of law and building a harmonious ethnic relations and the maintenance of stability in ethnic autonomous areas the point of view. Chapter II, from the jurisprudence of the Constitution, criminal law, social law, starts with the perspective of the ethnic autonomous areas modifications to the Penal Code and the concept of the type, nature and basis of the principles and effectiveness of the analysis. Chapter III, mainly through modifications to the Penal Code applicable legislation and modifications to the current situation analysis, points out the existing problems and the reasons for that of the ethnic autonomous areas. Chapter IV---states some views of the smooth implementation that the Penal Code proposes modifications to their own views and modifications to the Penal Code and legislation related to national habits of the provisions of the Penal Code in ethnic autonomous areas .
Keywords/Search Tags:Criminal Law, Ethnic autonomous areas, The right to modify the Penal Code, National customary law
PDF Full Text Request
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