Font Size: a A A

The Flexible Of Domestic Criminal Law For Ethnic Minority

Posted on:2017-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhengFull Text:PDF
GTID:2346330566957356Subject:Science of Law
Abstract/Summary:PDF Full Text Request
China is a multi-ethnic country,due to geographical,population distribution and other factors,each nation in the interior of the minority formed their own traditional culture and religious belief.Criminal customary is the embodiment of minority cultural values,in ethnic minority autonomous areas criminal customary can resolve criminal disputes,mediation social order in ethnic minority autonomous areas.So criminal customary in minority autonomous areas has a deep foundation of the masses.But inevitably,there will be some conflict with spontaneous formation of criminal customary and unified criminal law.If we use criminal law to resolve the conflict without considering the special situation of ethnic minority autonomous areas,the minority areas must be instability.so modifications to the penal code become settling for the conflict.But although the criminal Law have accommodation right in our country,but in practice there have not get effective implementation,so to improve the accommodation of criminal law,in order to ensure the development of the rule of law in ethnic autonomous areas.There are many problems in accommodation of criminal law and legislation.so to analysis these problems and find the reasons existing in minority is very necessary.The first chapter discussed the accommodation of criminal law and related concepts,there are two types of the concept of accommodation of criminal law,then defined the nature of the accommodation of criminal law.The second chapter discussed the necessity of accommodation of criminal law,there are three aspects,to solve the conflict of the minority criminal customary and the criminal law,Secondly criminal customary is required of the national autonomous local stability maintenance,and finally criminal customary is inevitable requirement of the development of economy of minority region.The third chapter and the fourth chapter through two aspects of the criminal law of the legislative and judicial aspects to say about a comprehensive exposition of the criminal law flexible legislation,the current situation of the judiciary as well as thelegislation,the judicial process of the existing problems were analyzed.The fifth chapter of the article analyzes the third chapter,the fourth chapter of the problem after making a series of recommendations,in the clear minority Criminal Customary Law and long-term mutual maintain minority autonomous local order,in the legislative,judicial proposed specific solutions.
Keywords/Search Tags:Criminal law adaptation, Criminal law, Customary law, Autonomous legislation, National Autonomy
PDF Full Text Request
Related items