A Study On The Conflict Between The Customary Law Of Dong Nationality And Chinese Criminal Law

China is a multi-ethnic country where different nationalities are affected bydifferent geographical and cultural environments a diversified cultural landscape isformed in social development. At the same time, laws also vary with respect todifferent nationalities. In Dong areas, common law is widely applicable and willinevitably conflict with national law in its application. Especially when it comes tocrime punishment in some Dong areas, Dong nationality common law disagrees withcriminal law to a great extent. Based on the case investigated in Luoxiang village,Luoxiang town, Congjiang county of Qiandongnan Miao and Dong AutonomousPrefecture, this study looks into the conflicts between Dong nationality common lawand the national criminal law while dealing with illegal and criminal behaviors. Also,this study tries to ease the contradiction between the two, thereby promoting legalconstruction in minority areas so that minority common laws can integrate withnational laws. In addition to the conclusion, this paper is divided into three parts.The first part is introduction which describes the background and significanceof topic selection, research purpose and research methods, as well as researchcontents, the main point and survey points.The second part, employing empirical research and case analysis, mainlyintroduces the conflicts between national criminal law and the common law ofLuoxiang town, Congjiang county. Dong society puts considerable emphasis oncollective interests, and any violation of collective interests will be severelypunished by the common law. By defining an infringement of collective interestsand whether the punishment itself constitutes a crime, it disagrees with China’snational criminal law; Dong nationality common law is in severe inconformity withnational criminal about punishment of infringing personal rights, especially whenpersonal rights of the Dong people are infringed by outsiders, the villagers generallywouldn’t tolerate; Dong nationality common law also differs with national criminallaw with respect to punishment of damaging reputation;"theft" is the source oflegislation, and when a theft occurs in the Dong society, the villagers would request a " respectable old man" or "young leader" to solve deal with it. As such, Dongnationality common law parts with national criminal law in the way of punishment.Finally, causes the conflicts are illustrated.The third part mainly tries to find of a coordination mechanism for Dongnationality common law and national criminal law. The conflicts between the twoare not entirely irreconcilable because both are looking for solutions to conflicts.This paper proposes to improve relative legislation. If Dong society wants to keep itsrole in solving certain types of criminal cases, then relative laws and regulationsshould be formulated in order to provide a basis for dealing with crimes and protectbasic human rights in minority areas.