Research On The Adaptation Of Criminal Legislation In Ethnic Autonomous Areas Of China

Chirna has a long history. Every nation in China has formed its own distinctively national features, customs, culture and religion in the long history of development. The national culture containing the legal consciousness and legal culture not only affects the behavior and thoughts of the ethnic minorities, but also internalizes into the code of conduct which has deep impacts on the production and living.Even in today’s society, in some remote areas, the customary law still affects people’s lives in a open and concealed form and plays an irreplaceable role in the process of settling a dispute.The enactment of The Criminal Law is only based on the overall situation in the country and the basic condition of most of the crimes, so it can’t reflect the basic characteristics of ethnic crime.As a result, some specifications of the Criminal Law are not applicable to the actual situation of ethnic minorities in China. Based on this, the 90th in Criminal Law enacts minority nationality autonomous areas accommodation power legislation. It means all national autonomous areas may, according to the actual situation, make alternative provisions.However, in the practice of the legislation, the accommodation power legislation has never been exercised. In fact, the criminal legislation of the ethnic autonomous areas only made provisions in principle, not specific provisions cutting clear alternative program content and flexible way of using. So it is in lack of operability. Under the situation of the absence of a flexible rules and unsatisfactory application of criminal laws, criminal policy and the national criminal law began to affect criminal justice. This will not only lead to disunity in judicial practice, but also contrary to the spirit of the rule of law in China.How can the national customary law produce benign interaction with the criminal law?Only the real alternative provisions are required to solve the conflict between the Minority Criminal Customary Law and State law.This paper is based on the actual situation in the work of the national autonomous areas on the basis of the criminal law.Combining with the experience in extraterritorial criminal areas of the rule of law and governance of feudal dynasty of ethnic policies in the past dynasties, as well as China’s current criminal policy of the rationality, legitimacy of the existence of accommodation provision, and explain for the perfection of criminal legislation .This article is divided into four parts: The first chapter is a brief introduction of existing National Criminal Customary Law and its rationality, legitimacy. Combining with cases to explain that the customary law affects criminal justice in ethnic autonomous areas in two ways of sentencing and conviction. And also analyzes the experience of criminal legislation in extraterritorial areas; The second chapter clarifies the concept connotation, and features of criminal legislation. Besides, it also clarifies the relationship between minority autonomy and accommodation right in other laws ; the third chapter analyzed the lack of flexibility may affect the national unity of the legal system. It also has bad effects on criminal legislation.This paper will find out the key reason for this phenomenon from the point of the lack of theory for study, incorrect knowledge of punishment as well the practical functions of customary law in solving the conflicts among nations.The fourth chapter tried to propose from the aspects of the the main body of legislation of regional national autonomy,the legislative authority,the specific provisions of criminal law that need to be accommodated, legislation, supervision mechanism and scope of application in order to perfect the right of criminal legislation in ethnic autonomous areas.