Study On The Criminal Reconciliation In Ethnic Areas

With more and more attention has been paid to contemporary restorative justice, national legislation eager to from the victim, person causing the injury and social interests to seek a balance, therefore, criminal reconciliation became our country criminal judicial field research focus and hotspot at present. And in minority areas, the national customary law always fill with national criminal judicial loopholes in and the insufficiency. And in minority areas, although the society ruled by law required by the national law final solve all disputes, But in fact, the lack of criminal reconciliation system in the national law, as well as a lot of the national customary law of criminal reconciliation in the case in national regions exist widely, show that, through the state judicial solution is not the only way to resolve the disputes. Native traditional national customary law of criminal reconciliation to low cost, high efficiency advantage plays an important role in national regions' plural remedy way, compare with the criminal reconciliation with national law, other folk reconciliation, has many own unique contents. This paper based on the DiQingZhou minority areas of YunNan national customary law, made the empirical investigation of criminal reconciliation'case, and after collecting, sorting and analyzing the most widely, and representative case in research area, Such as:Yi region of "death to scandal", Tibetan region prevailing "compensate life" price case and "compensate blood money" case and the Lisu nationality existing the national customary law in case of criminal reconciliation, concluded that the criminal reconciliation national customary law is a kind of flexible ways to resolve the disputes in the role of national DiQing regions is very obvious. The author thinks that the effective way to settle disputes should be in a certain extent used for national law (meaning in national autonomous legislation is introduced into the criminal reconciliation of national customary law). According to the above judgement, the author from the national rule of law's requirements, also use for reference in foreign related on the basis of experience of criminal reconciliation, worldly rational discussion and analysis to the national customary law of criminal reconciliation necessity, insufficient and possibility those three aspects. At the same time, fully based on local resource, in order to the criminal reconciliation for national habits mechanism can applicable to DiQing territory of nationality put forward some path conception. The author thinks that the national customary law of effectiveness of criminal reconciliation enhancement, it not only beneficial to national law and common law form a the Bridges between communication and correspondence, but also prompted our criminal judicial form a multiplex dispute settlement mechanism.