The Criminal Reconciliation In The Application Of Yi Nationality Area

Yi customary law is a code of conduct in the common internal Yi group common support, compliance. The long-term existence of the caste system lead to the Yi Criminal Customary law take different penalties for different grades of crime. Yi society, to the patrilineal family organization structure for link, the customary law be strict protection of family relations, the home team of in-house crime punishment in foreign family crime, conflict between family support, processing way to take the economic compensation. Respect and the traditional concept of harmony that Yi think that punishment is not the purpose of revenge, but that consensus so that the two sides, the interpersonal relationship to restore order and harmony. The low level of productive forces, the lack of material wealth to make economic compensation in the Yi areas on the injuring party has more practical disciplinary significance.Although with the Yi area carried out the democratic reform, the national law began as the only legally valid system, in the form of completely replace the customary law, the Yi people gradually understand and accept the modern legal concept, but the habit in the Yi areas law still has the highest efficiency, standardize the behavior of Yi people. Because of the state law and the Yi Criminal Customary Law attitude and completely different in dealing with all kinds of criminal cases, the Yi people in order to obtain financial compensation, double punishment from the state law and the customary law, criminal case often seek to " private ". The public security organs to intervene more forcefully to handle the case, because of not customary law led to clashes occurred between the home team, lead to greater social contradictions. The state law and the customary law of the inevitable conflict, but only by the customary law of Yi dispute solution also has some disadvantages, solve criminal cases Yi area is inseparable from the national law and the state intervention, only the state law and the customary law of Yi people for effective integration, make the two complement each other, complement each other, only conducive to the development and stability of Yi area, provides the possibility for the criminal reconciliation of national law and the customary law of"cooperation".2010Yi area began to take "the butt" mechanism for criminal reconciliation, the people’s Procuratorate to the application of the criminal reconciliation cases, follow the principle of voluntary parties, to the people’s mediation organization to carry out mediation, the parties voluntarily reach a mediation agreement, procuratorate according to not make arrests, decision not to prosecute, or to the people’s court for a lighter sentence suggestions. Yi area in the case of the basic facts are clear, both sides have no objection to the main facts of a crime, the offender repent of their sins, the conditions of the voluntary, to the juvenile criminal suspects, the minor criminal suspects in criminal negligence, a first offender, casual offence, the elderly over the age of seventy, according to law shall be sentenced to three years in prison, detention, control or a single penalty misdemeanor case applicable criminal reconciliation. According to the present Yi area of criminal reconciliation work, put forward their own views on the applicable criminal reconciliation, the range of involved personnel, to provide reference for the construction of the criminal reconciliation system in Yi region.