The Influence And Adjustment Of Ethnic Customary Law On Community Correction Under The Unified Vision Of National Legal System

With community correction rise to state legal systems and been promoted actively,‘Measures for the implementation of community correction' become the guiding law of community correction. All over the nation have been formulated their own measures that in line with the provincial actual on the specific implementation details. Though it's difficult to take care of to all areas about formulating provisions on the measures for the implementation of community correction, whether from the national level or from the local level.It is a worthy concern that whether the new concept of punishment in community correction can play the function of unity and the value it should have in a circumstance that changeable and conditions disunity. The customary law in Qian Dong Nan ethnic minority villages, which is different from nation's or even conflict existed in criminal law stipulation, the way of punishment execution and conception. Thus, the main direction of this paper is how to carry out community correction in Miao and Dong village that exist local customary law and how to balance community correction and local customary law. Besides preface and conclusion,The article is divided into three parts around the problem itself.The first part is overview, mainly analyze and define community, correction and community correction. Introduction to the theory of restorative justice, resocialization. Simply explain Qian Dong Nan minority area and analyze typical national customary laws and their transition, such as, thoughts of theft heavy penalty, collective punishment concept and private remedy. For further discussed later offer certain theoretical matting and guidanceThe second part focus on the effect and function of minority villages customary law.Analyze and demonstrate from procedures and measures, social participation main body and effects, find the root reason of the problem. Expounded functions of villages customary law,that is resume and maintain the relationship between the villagers, promote the village public security benign circulation and maintain village unite while analyze. Keep both comparisons to develop new thinking direction and give suggestions for further measures.The third part put forward measures and suggestions. Combine project and measures taken by the community correction with customary way of minority customary law under the premise of national law is required during the specific process of community correction. Only positive to absorb the reasonable components villages of customary law, can better make thecommunity correction system was villagers recognized and accepted. Thus, boost community correction to play their value in the area and effective implementation in Qian Dong Nan ethnic minority villages.There are a lot of conflict existed between national law and customary law in Qian Dong Nan ethnic minority villages. Implementation of community correction in Miao and Dong village will become a reality problem. For the maintenance of the unification of the punishment execution system of community correction, community correction measures and methods, the coherence point of community correction is needed in order to promote community correction in the village customary law. Balance community correction and village customary law is the key of efficient implement community correction.