Font Size: a A A

The "Criminal" Customary Law Of Li Ethnic Minority

Posted on:2011-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:C L PengFull Text:PDF
GTID:2166360305491855Subject:Legal history
Abstract/Summary:PDF Full Text Request
The time-honored "criminal"customary law of Li ethnic minority is a precious treasure created by Li's ancestors. Since it was the kindest, most reasonable, and most perfect system at that time in Li region, it has left us a kind of traditional cultural heritage with the combination of feeling, reason, law, harmony, and high-efficiency. The "criminal"customary law of Li ethnic minority is rich in contents:punishment for violation of life and health; saction against infringement of the overall interests of the family and village; vindication of marriage and family; original brutal death penalty and corporal punishment; punishment methods like flexible and economic property punishment and humiliation punishment; and criminal identity that is enriched with regional flavor. The application of this law fully illustrated the regional characteristics of Li ethnic minority. It also embodied the following distinctive features:"the overall interests of family and village come first","joint or shared responsibility","mediation comes first, enforcement complement"," weight differently ","the combination of punishment and enlightenment","equality but help the old and the young, disclaim with justice on the case of blood revenge, the local law over the official law, compensation in place of penalty". Inquire into the root, it's found that Li's criminal customary law originated from Li ethnic minority's specific original belief whose essence was the combination of spirit and human being. The value of law lies in the coordination of law and social life. Li ethnic minority's criminal law conflicts as well as compromises governmental "law". They depend on as well as contradict with each other. They constitute a solid legal picture of Li region complementarily.Ancient Li customary law, with its philosophy of doing things that characterized equality, democracy, justice, freedom, emphasis on practice, and flexibility, boasts the idea of harmony and pursuit and strong vitality. It can be continuously used to serve today's social construction; its brutal, superstitious, cruel, and aggressive bad tradition also provide us a breach for dealing with disputes in the Li region.
Keywords/Search Tags:Li ethnic minority's criminal law, original belief, ghost trial
PDF Full Text Request
Related items