Font Size: a A A

Harmonious Society In The Context Of Criminal Policy Research In Minority Areas

Posted on:2011-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y L QuFull Text:PDF
GTID:2166360305964681Subject:Ethnology
Abstract/Summary:PDF Full Text Request
National criminal policy of national criminal law of the soul and the core region for the national criminal legislation of the development of alternative direct guidance. "Less Wide" is typical of our current national criminal policy, crime is also a minority in China deal with the fundamental criminal policy. General spirit of this policy is to require the minority criminal offense slightly lenient than the Han. Basically means that fewer arrests, less killing, generally lenient treatment. How to understand the "Less Wide" criminal policy of ethnic crime and how to apply the policy of judicial practice, are long-term study but there is no theoretical consensus on the issue."Less Wide" criminal policy is based on the party and the country's national policies, national minorities and minority areas under special circumstances established, is to uphold the rule of law unification and national characteristics into account the principle of concrete. As long as the special circumstances of ethnic minorities and the party's national policy remains unchanged, "Less Wide" criminal policy should adhere to, but should be accompanied by the gradual process of modernization of the legal system to institutionalize, standardize and add new content. But this criminal policy has its historical limitations, the new situation, should be to "temper justice with mercy" criminal policy as the cornerstone of concern "Less Leniency" criminal law, criminal policy of the content-rich minority, give full play to the natural resources and ethnic minority's role in crime control.This paper from the National Criminal Policy and expounds "Less Wide" criminal policy and development, the definition of "Less broad" national criminal policy of the content analysis of "Less Wide" criminal policies in practice situation, that "Less Wide" criminal policy suggestions of improvement. And to reflect "Less Wide" criminal policy, make policy development prospects. Article, the top priority must be accurate understanding "Less Wide" criminal policy essence; play great effect a few customary law; accelerate the pace of national local legislation, criminal law as soon as possible modifications. In the background of a unified national legal system, the ethnic areas of grassroots judicial officer can not mechanically, rigidly stick to state law, Er should be based on cases of Juti situation, from the practical rationality and the value a rational manner and skillfully integrated Zhengce, legal and folk customs, Yi Qiu to achieve legal and social effects of unification.
Keywords/Search Tags:Criminal Policy, National Criminal Policy, "Less Wide" criminal policy, Development and Improvement, Legalization
PDF Full Text Request
Related items