Research On Liangshan Yi Nationality's Criminal Customary Law And Crime Governance In Liangshan Area

At present,the popularization of state-made laws in China has achieved good results,but it is not ideal in some areas where ethnic minorities live in compact communities.Especially in liangshan Yi area,the dual judicial mode of the coexistence of state legislation and criminal customary law of liangshan Yi has emerged.In addition to the national criminal justice system,there is also liangshan local criminal case resolution system.The purpose of this paper is to resarch the contemporary positive value and the defects of liangshan yi criminal customary law,and on the premise of ensuring the integrity of the national criminal justice system and strengthening the judicial credibility of the state,give full play to the positive role of liangshan yi criminal customary law,so as to meet the judicial needs of liangshan yi people.At the same time,the state law and liangshan yi criminal customary law are adjusted to improve the efficiency of crime management,and maintain the social order of liangshan yi region.The introduction of this article mainly describes the significance of the topic,reasons,research status and research ideas.Number one,mainly expounds liangshan yi criminal customary law.This chapter reviews liangshan yi criminal customary law in history,introduces the concept and characteristics liangshan yi criminal customary law,and introduces the typical norms and punishments.And introduces the intermediary of liangshan yi criminal customary law —— "jia-zhi" and "degu",and discusses the ways and procedures of using liangshan Yi's criminal customary law to deal with criminal disputes.Number two,take zhaojue county as an example,research the present manifestation of liangshan yi criminal customary law,combined with cases,systematically analyzes the types,punishment contents and punishment modes of criminal cases in which the yi criminal customary law plays a role in zhaojue county,and further analyzes the reasons why the liangshan yi criminal customary law plays a role in dealing with criminal cases.Finally,the effect of liangshan yi criminal customary law in dealing with criminal cases is analyzed.Number three,mainly researchs the conflict and adjustment between liangshan yi criminal customary law and state-made law.Based on the conflict between the two,this paper analyzes the challenges of liangshan Yi's criminal customary law to criminal justice.In addition,this paper analyzes the adaptability and necessity of liangshan yi criminal customary law and state-made law,and puts forward some Suggestions on the ways to adjust liangshan yi criminal customary law and state-made law.Number four,this chapter mainly combined with what is said in the previous chapters,synthetically analyze the relationship between liangshan yi criminal customary law and state law,and their advantages and disadvantages in the process of liangshan area crime management,let liangshan yi criminal customary law play an active role in local crime management and maintenance of local social order.It is divided into the following four points: First,quickening the flexible legislation of liangshan Yi area to solve the crime problem;Second,in crime governance,give full play to the role of informal social control force such as “jiazhi”.Third,in terms of compensation amount,pay more attention to the combination of the concept of "harmony and tolerance" of Yi's legal culture and restorative justice in China.Fourth,in the concept of criminal justice,pay attention to the respect for the traditional concepts and customs of the yi people in liangshan.