Research On The Integration Mechanism Of Criminal Customary Law And Criminal Justice Under The Perspective Of Negotiated Justice

From the perspective of national legislation,there are indeed many issues with the criminal customary laws in ethnic minority areas.However,they play a unique role in resolving disputes,compensating victims,and implementing the modesty of criminal law..Against the backdrop of China’s ongoing reform of the criminal justice system and the continuous promotion of the Chinese-style rule of law modernization,this article introduces the concept of consensual justice as a theoretical tool to facilitate the connection and integration of criminal customary laws and criminal justice in ethnic minority areas.While acknowledging the necessity and feasibility of integrating criminal customary laws into criminal justice,this article focuses on the study of the difficulties faced by criminal customary laws in integrating with judicial activities,using the Liangshan Yi Autonomous Prefecture as a starting point.It points out the problems of determining guilt or innocence,evading judicial procedures,and the application of dual judicial systems in the current judicial practice of criminal customary laws and analyzes the causes of these difficulties.Finally,the article combines criminal customary laws with the system of criminal reconciliation,the leniency system of guilty pleas,and criminal trial procedures,and proposes the construction of a new model of criminal reconciliation with ethnic characteristics.It aims to improve the application procedures of leniency systems in ethnic minority areas,strengthen the system of jury participation in criminal cases,and promote the positive role of criminal customary laws by integrating them into the criminal justice system.Taking a consensual justice perspective to explore the development and optimization of criminal customary laws can not only promote the effective connection and integration of criminal customary laws with national legislation,bringing them into the rule of law,and achieving the optimization of judicial outcomes,but also strengthen the construction of criminal rule of law in ethnic minority areas and maintain social harmony and stability in ethnic minority regions.