Southeast Guizhou Miao Customary Law And National Criminal Relations Research

Minority customary law is researched too much by academic world nearly. The researching is much more about the relationship between Minority customary law and constitutional law.Take Guizhou Province southeast the Miao national minority area as an angle of view,and select and analysis several special cases in order to know the relationship between the Miao national minority customary laws and national criminal law.By the analysising of three cases happened in Guizhou Province southeast the Miao national minority area,we discover that there are some conflicts in some aspects between the Miao national minority customary law and national criminal law,including marital custom,punishment way.Then we continue analysising how both them conflict,we can know the former twisted the national criminal law in this conflict's process actually,and we can display the mechanism how the Miao national minority customary law can do it.After the inducting of content of the Miao national minority customary law,we make the value judgment to it.Consider Southeast Guizhou Province the Miao national minority customary law also has the supplement function to the national criminal law.Southeast Guizhou Province the Miao national minority customary law includes primitive religion belief and LangGui,which play a role of preventing crimes that Thief Trees,Illegally Chopping Down Trees and Illegal Denudation.In addition, the mediation of the head of the village is also coordinated with the recoverable judicial idea,which can promote the contradictory settled thoroughly and restore the Miao national minority community the harmonious order.The advocate from the theory, the legislation and the practice faces up to southeast Guizhou Province the Miao national minority customary law.Take it as the extra-statute reason to hinder the illegality,and emphasis that it should not repel the custom law in no determine guilty for the principle of The legally Prescribed Punishment for a specified Crime.Use the Accommodation Power and Supplement Power given by law fully,seeking for the outlet for Southeast Guizhou Province the Miao national minority customary law.Value the function of the village regulations and the mediation of the village head at processing minor criminal case. and inspect this relationship in a changed background.