On Conflict And Adjustment Between The Customary Law Of Zhuang Ethnic Group And Criminal Law

In the process of unifying the legal system by the government, the customary law of Zhuang Ethnic Group plays its role in the judicial practice in the form of"unpublished rules". Also it has its role in the criminal field strictly defended by the country, influencing the reorganization and judgment of the crime. It even can compete with the national criminal law in the field. Faced with the reality mentioned above, the national criminal law, which is in superior status, can neither gruffly reform the customary law of Zhuang nor connive at its increasing influence. The national criminal law should respect its value and status from the angle of making use of respective role. We should realize the coexistence of the two through a series of effective adjustment system, to realize the diversification of government by law.Part one: Raise a question. This section lists a group of actual case about the customary law of Zhuang. The focus question of the case is how to deal with the conflict relationship between the customary law of Zhuang and the national criminal law? In theory, there are four divergent opinions: national law is supreme, customary Law takes precedence, national law is supreme in formal and retain customary Law.Part two: Introduction of Customary Law and the customary law of Zhuang. This section introduces the concept of Customary Law and the content of the customary law of Zhuang. It refers to four fields: marriage and family, spiritual beliefs, personal safety, as well as property safety.Part three: The conflict between the customary law of Zhuang and criminal law. The conflict consists in conviction, the way of punishment and the severe level of punishment. That makes four results: the customary law of Zhuang won, the national criminal law won, each acted in his own way, made a compromise.Part four: The necessity to adjust and the possibility to make a compromise. They have own value which should be respected, and they go with the diversification of government by law. So it is necessary to adjust the conflict between them. In addition, it is possible to adjust that they have legal basis, objective condition, the theoretical basis of criminal law.Part five: The adjustment mechanism. The criminal law may absorb the customary law of Zhuang limitedly by making appropriate adaptations in legislation. The action which be allowed by the customary law of Zhuang may will be remitted or punished gently. In addition, these dissensions will be resolved by other ways. Part six: Dispose of typical case. The dissensions caused by conflicts between the customary law of Zhuang and the criminal law, can be resolved through three steps: find the legal basisâ†'give full scope to judicial activismâ†'resolved by non-litigation procedure, victim-offender mediation, for example.