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A Study On The Relationship Between The Customary Law Of The Miao Nationality In The Planning Of Rongjiang County And China 's Criminal Law

Posted on:2015-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:W C ShiFull Text:PDF
GTID:2176330422473149Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Rongjiang County Jihua township is located in Guizhou province plans to themoon mountain hinterland, The Miao history of Jihua township source far flow long.The special natural conditions and special mode of production and life makes the planas Miao traditional culture by the primitive religious culture, as a cultural tradition ofthe formation of local Miao Customary Law also contains a large number of originalcontent. On crime, Jihua township Miao’s society has a complete set of legislative,judicial and law enforcement system, three levels of the system in the criminal law ofour country has with different levels of conflict. Nevertheless, the local customary lawof Miao Nationality in active pursuit, and our criminal law value the same part stillplay a complementary role to the criminal law. Facing the conflict, as China’s criminallaw or customary law of Miao nationality like dirt, abandon its as our shoes practicesare not desirable, to seek the ways and methods two coordination is the key toreconcile the conflict between the. This paper is divided into four parts, a total ofmore than36000words.The first part of this paper mainly on Rongjiang county jihua township generalcondition,jihua township Miao Customary law meaning as well as the main form ofprimitive religion, the local Miao culture background, as a basis for the followingdiscussion.The second part of this paper will obtain the field investigation of caseclassification description according to functionalism, and strive to be true and reliable,not mixed with any subjective. According to the objective and detailed case, the use ofcriminal law, jurisprudence, sociology theory knowledge analysis conflict problems inthree aspects, plan for Rongjiang County jihua township Miao Customary Law andChina’s criminal law in the law behavior evaluation and penalty system.In the third part, based on summarizing the previous cases, analysis of Rongjiangcounty jihua township Miao Customary Law in our country criminal law limitation, aswell as the primitive religious culture and customary law prevention of supplementaryrole in the crime of criminal law of our country.Conflict and supplement the fourth part of the paper before the planning ofRongjiang County jihua township Miao Customary Law and China’s criminal law asthe foundation, seek the path two coordination, including in some cases, customarylaw to criminal law concession, another part of case, the criminal law of our country to the customary law to compromise two hand.
Keywords/Search Tags:Rongjiang County jihua Township, The miaos ’ customarylaw, Crime, The conflict, The coordination
PDF Full Text Request
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