Study On The Adaptation And Application Of Criminal Law In National Autonomous Areas

Article 90 of the Criminal Law clearly stipulates that people’s congresses at the provincial level may formulate modifications or supplementary provisions in the criminal law based on the political,economic,cultural,and customs characteristics of ethnic autonomous areas.In fact,the criminal law accommodation power has not been effectively exercised so far.Investigating its root causes,on the one hand,it is extremely difficult to adapt the criminal law.my country is a unified multi-ethnic country,and different ethnic groups have different ethnic characteristics.Due to the precipitation of practice and experience,each ethnic group has formed relatively traditional religious culture,customs,and local etiquette.The legislature needs to conduct a comprehensive empirical investigation on this.In addition,there are many legal issues that need to be solved urgently,including the qualifications of the subject of the criminal law,the boundaries of the criminal law,the nature of the power of the criminal law,the scope of the application of the criminal law,the constitutionality of the criminal law,the principle of statutory crimes and punishments.Conflicts of customary laws have made it difficult to carry out flexible legislation in criminal law.In the case that the criminal law accommodation space preset in the Criminal Code has not been effectively used,criminal customs and ethnic criminal policies play an irreplaceable role in judicial practice.However,the judicial organ lacks a unified standard of flexibility in the process of trying ethnic criminal cases,which may easily lead to arbitrage of crimes and punishments,abuse of discretionary power,and even the risk of denying the principle of legality.If it is handled directly in accordance with the criminal law,it may have a negative impact and is not conducive to the advancement of the construction of criminal law.in order to ensure the benign operation of the criminal law in ethnic autonomous areas and avoid the inconsistency between the national rule of law and the traditional concept of local criminal customs,the criminal law needs to be coordinated with the constitution,legislative law and ethnic regional autonomy law in the implementation process Cohesion,combined with the criminal customs of ethnic areas,based on the principle of legally prescribed crimes and penalties,and through both legislative and judicial aspects,realizes the combination of rigid implementation and flexible flexibility of criminal law in ethnic autonomous areas.Legislatively,by carefully reviewing the qualifications of the subject of the criminal law adaptation legislation,rationally defining the scope of the criminal law adaptation,carefully identifying the boundaries of the criminal law adaptation legislation,coordinating the relationship between the principle of statutory crimes and penalties and customary law,and strictly improving the prior-review procedures for the adaptation legislation.Promote the realization of flexible criminal law legislation.In terms of judicial application,the issue of flexible application can be refined through the introduction of judicial interpretations,and the case rules of common law countries can be used for reference to improve the guidance system of ethnic criminal cases,so as to regulate the standards of judicial organs in trying ethnic criminal cases.In addition,the jury system should be improved to ensure that the people,especially ethnic minorities,actively participate in the construction of a civilized rule of law,and ensure the smooth implementation of the criminal law in national autonomous areas.