The Probe On The Coordination Of The Customs Of Hui Muslims And The Unified Pemal Code Of China

The Probe on the Coordination of the Customs of Hui Muslims and the Unified Penal Code of ChinaChina is a multi-ethnic country, every nation in the long life practice the formation of the customs of independent outside the law. Social-economic development is unbalanced and traditional cultural values lead to the diversification of the law. Hui Minority is the most populated Islamic minority in China, who has special religious beliefs and customs, and mainly inhabits in the northwest of China.After the founding of People’s Republic of China, Hui autonomous arrears have greatly developed in political, economic and cultural aspects, however during the implementing of the law, the historical unique customs will inevitably conflict with law. According to China’s criminal law, the law can be modified according to the autonomous region’s social reality, which reflects the degree of autonomy and the protection of human rights of ethnic minorities in China. But so far, the rights of modifications of the criminal legislation in China is still in the blank state and there is huge controversy especially on the definition of alternative specific object of the criminal legislation modifications, how to design the program and how to formulate the provisions.There are some differences between Hui autonomous region and other minority ethnic regions on the detailed modifications, because it is hard for the criminal law to cover all the aspects such as customs, traditional beliefs, religious beliefs, etc. Legislative modifications are the basis of judicial modifications, so the modifications are the basis of application of penalty law, and the policy is the guide and complement of legislative modifications.This thesis is based on the reality of the Hui autonomous regions to explore some basic questions of the legislative modifications of Hui autonomous regions.Part one, The Overview of Hui Regional Judicial Status, conducts in-depth discussions by reviewing the history and judicial policy of Hui minority in various dynasties and discusses the theoretical questions of minority autonomous regions. These questions are considered the basis of the criminal justice modifications in Hui populated areas.Part two, The Status of Criminal Law Modifications in Hui Regions, discusses the reasons why there are still no criminal law modifications precedent in China, including the legislative bodies in the legal system, authority, procedures and realistic factors, cultural factors. These factors are the limitations that there are still no criminal law modifications and therefore try to find some theoretical entrance to the issue.Part three, The legislative design and enforcement ensurence of the Modifications of Penalty code, discusses the indispensable protection factors to the criminal law modifications. The author hopes that this thesis can play a guiding role in the development of the criminal legislation modifications.Part four, The Flexible Explanation of the Application of Unified Penalty Code According to the Muslim’s Customes,tries to give some detailed suggestions such as the execution of the death penalty, religious venues, diet, etc. based on the reality of Hui populated areas.