The Practice Of Criminal Reconciliation In Minority Areas

The national customary law is a national social norm with a long history,complex form and objective existence in the development of ethnic minority areas.As a social ideology and superstructure,it has always influenced the ideological concepts and social behaviors of ethnic minority groups,among which ethnic groups The social control norms of customary law play a non-negligible role in the resolution of "community" disputes.Ethnic areas,national convictions,national ceremonies and national authorities are the core framework for the disintegration of ethnic minorities.The essence is the standardization of social control from the psychological level of structural dependence.China's ethnic minority areas have shown strong social control in participating in the resolution of contradictions and disputes,which has made up for some defects in the formal litigation system and legal referee disputes.With the deepening of China's reform and opening up,social development has entered a period of transition and the pattern of economic interests has changed.The contradictions and disputes among the people in ethnic minority areas will be diverse and morefrequent will become the new normal.Criminal reconciliation in ethnic areas has the advantages of high effectiveness,low cost,simple procedures,and close proximity to the masses,making the dispute resolution mechanism in ethnic areas the first line of defense to effectively resolve contradictions among people in ethnic minority areas.Compared with civil cases,the settlement of criminal cases is not very common,and criminal reconciliation as a new type of criminal dispute mediation mechanism has not been generally recognized by the public.In minority areas,criminal reconciliation is effective to resolve a few Ethnic groups have played an important role in the contradictions and disputes between the grassroots in the ethnic areas and in promoting the harmony of social relations.Taking the field investigation of many ethnic minority areas in China as an example,this paper studies the mechanism of criminal disputes in minority areas,combines the current situation of criminal reconciliation and settlement of criminal disputes in China,and finds out the current religious participation in criminal reconciliation in ethnic areas.Advantages and dilemmas,and put forward some thoughts on how the criminal reconciliation model in ethnic areas should adapt to the process of socialist rule of law.This paper takes the minority areas of China as the field research sites,and uses the research methods of law,anthropology,ethnology,sociology,psychology,etc.,and studies the mode and status quo of criminal reconciliation in ethnic areas on the basis of theoretical discussion.Difficulties and deficiencies provide rationalization proposals for national unity under the socialist rule of law system and harmony and stability in ethnic areas.This article consists of the following five parts:The introduction part mainly introduces the research background,research purpose,research status,theoretical significance and practical value of the thesis.The first part expounds the basic concepts of criminal reconciliation,defines the scope of criminal reconciliation,introduces the legislation and development status of criminal reconciliation and alternative dispute resolution at home and abroad,and compares the criminal reconciliation system with other systems at home and abroad.The second part presents a specific model of criminal reconciliation in a few ethnic areas of China,and through specific cases,finds out the specific methods,procedures and results of criminal reconciliation in ethnic areas.In the third part,through the analysis of the criminal reconciliation model in ethnic areas,the characteristics and advantages of criminal reconciliation in ethnic minority areas are obtained,and the effectiveness of criminal reconciliation in ethnic areas is analyzed.The fourth part analyzes the defects and shortcomings of religious participation in criminal reconciliation in Ningxia and the current predicament according to the previous elaboration and case,and makes a risk analysis of criminal reconciliation in ethnic areas.The fifth part draws the specific suggestions on the legalization of criminal cases in ethnic areas through the elaboration and argumentation of the previous article.