A Study On The Adjustment Between The Customary Law And Criminal Law Of The Yi People In Liangshan

Customary law is a kind of behavior norm formed naturally in human life for a long time,It comes from the needs of the survival and development of all ethnic groups,It is of great significance to the civilization of human being,"The old into the unwritten law in fact more authoritative than,What is involved is more important." In the current legal practice of Chinese society,customary law,as independent of statute law,relies on certain social authority and has a certain degree of mandatory and habitual norms of conduct.In fact,it becomes a fresh creation to understand the contemporary realistic problems.As a living legal order,customary law shows its mutual agreement with its society,and has its independent existence meaning and unique function value.Therefore no matter to our country legal construction stance,must take the customary law seriously,on the one hand,to be fully aware of the customary law in order to construct and solve the conflicts,achieve positive social consensus in the process,to fully play its role;on the other hand,in the premise of National Center for law,to properly handle non benign factors of customary law has conflict with the existing laws of the customary law and statute law in the process of gradual integration of modern interactive,make the country more basic law has effect.People in the Yi nationality area of Liangshan have been regulating their own words and actions in customary law for a long time,mediating conflicts and disputes,and customary law generation,inheritance and evolution,which constantly adapt to the needs of Liangshan Yi nationality areas.Today,the construction of rule of law continue to promote the standard of national laws in Liangshan Yi Autonomous Prefecture as the most,air plant,mandatory norms,legal norms of criminal law inevitably and punitive,Yi customary law into conflict,Yi people insist on and adapt the change in conflict.In order to better promote the Liangshan Yi area of construction of the rule of law,maintaining the social order of Liangshan Yi area is stable,accurate positioning of the criminal law and the conflict between the customary law,and provides a solution for the conflict,let Yi customary law and find a symbiotic way has very important significance.This article will sort out the conflict between the customary law and the penalty of Yi people in Liangshan based on combing the criminal part involved in the Yi People's customary law of Liangshan,and try to provide some solutions.This article is composed of the introduction,the three chapter and the concluding language.Taking three cases in Liangshan Yi nationality area as an example,this article takes the conflict between literature law and criminal law as an example,and expounds the problems discussed in this paper.The first chapter briefly introduces the customary law of the Yi people in Liangshan.From the social basis of customary law,the history of customary law and the main contents of customary law,the customary law of Yi people in Liangshan has been clearly reflected in Liangshan.The second chapter discusses the conflict between customary law and penalty in Liangshan Yi nationality.This article launches from the conflict content and the conflict two aspects.The contents of the conflict include crime and non crime,felony and penalty type.The differences of conflicts are mainly manifested in regional differences,and the Yi,residential areas and scattered areas have occurred.There is a difference in conflict.The third chapter discusses the adjustment of Liangshan Yi's customary law and criminal law,including the necessity of debugging and debugging methods.The conclusion summarizes the necessity of adjusting the customary law and criminal law of Yi people in Liangshan,and the significance of the rule of law and the rule of law in Liangshan.