The Plight And The Way Out Of China’s Minority Cirminal Law

Since the principle of legality has put forward hitherto, it has branded deep imprint in thetheory and reality circle. Under its powerful discourse right, this paper seems so insignificantin investigating the minority criminal customary law. But in our country’s diverse nationallegal culture, the minority criminal customary law, with its powerful local cultural resources,has influenced the law culture construction in ethnic minority areas extensively. The minoritycriminal customary law, as one of national customary laws, is growing vigorously. However,in our country, the principal of legality excludes the application of criminal customary law,which makes the survival and development of minority customary laws in trouble. So, how dowe make minority criminal customary law liberate from the inherent thinking in order to playits proper value? How do we make the minority criminal customary law and statute lawlegislated by the state in appropriate? Starting from these points, this article, besides the briefintroduction of the principal of legality and criminal customary law, mainly analyzes theconfusion and future of the minority criminal customary law, how to "restore" the minoritycriminal customary law and gradually recover its "exile" status.This paper based on the principle of legality, as a thinking of strong knowledgediscourse, as the breakthrough point, analyses its rejection of criminal customary law fromthe side of form and essence, meanwhile introduces the challenges existing in the applicationof localization in China. Therefore, from the perspective of multiple laws, the analysis oflegal punishment problems further make the foundation for the fusion between criminal lawand state law. In fact, China’s minority criminal customary law, as the power of the marginalknowledge form, exists in the world real and effectively. Through analysis the content, theform, the value and application of the minority customary law, it paves the way for theanalysis of the plights of minority criminal customary law to some extent. In theory, althoughthe minority criminal customary law as the rejection of the principal of legality, we cannotconclude that the judicial practice in specific circumstances reject the use of the minoritycriminal customary law. The dislocation between criminal law theory and judicial practicehas caused the common dilemma of national criminal customary law. In order to reveal thecurrent plight of minority criminal customary law in our country, the article through thecomparative analysis of theory and practice, Introduces the status of criminal customary lawin our criminal law theory, and its wide application in national region’s basic judicial practicein detail. If minority criminal customary law wants to break through its defects and restore itsdue position, it has to look for its appropriate way out. In the current context of China’s criminal law, on the position of the full affirmation and recognition of the principle of legality,applied legal pluralism as the research method and applied the law system and the theory ofdiversity law culture, we could be explore the way out of China’s national criminal customarylaw.