Research On Criminal Reconciliation In Minority Areas

The rule by law society requires disputes to be properly handled through a diversified solution mechanism to bring the society back to harmony.The solution to disputes in ethnic minority areas can properly handle internal social disputes and resolve social conflicts.When national laws are implemented in ethnic minority areas,they should be absorbed and referenced by local ethnic customary laws to avoid contradictions or conflicts.The article takes the Yi nationality area in Liangshan prefecture as an example to study the criminal reconciliation problem in China's minority areas,which is divided into the following parts:First of all,outline the criminal reconciliation habits in ethnic minority areas,and point out that criminal reconciliation in ethnic minority areas is a customary practice for criminal cases formed by long-term socialization among ethnic minorities.Taking the Yi nationality area in Liangshan prefecture as an example,the paper studies its historical evolution around the founding of New China,which explains the theoretical and practical significance of studying the criminal reconciliation habits of ethnic minorities.The concept of hierarchy,clan family support,rural acquaintance society,tolerance and harmony are the social foundations of criminal reconciliation habits in minority areas.Secondly,study the status situation of criminal reconciliation in minority areas.Taking the Yi nationality area in Liangshan prefecture as an example,the scope of the settlement case includes all criminal cases.The methods of reconciliation are mainly civil authority mediation,village committee mediation,clan head mediation,and can be settled at various stages of litigation.Then pointed out the shortcomings of criminal reconciliation in minority areas in terms of presiding,content,procedures and standards.Finally,according to the current laws of China and in view of the shortcomings of criminal reconciliation in minority areas,suggestions for improvement from legislation,judicature,legal propaganda,and legal supervision are put forward.Bring the criminal reconciliation habits of ethnic minority areas into line with the national legal system and put them into the rule of law.Reasonably solve the criminal cases in ethnic minority areas,reach the end of the case,restore social order in ethnic minority areas,and safeguard the social harmony and stability of ethnic minority areas.