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Research on Accommodation of Application of Criminal Law in Chinese Ethnic Autonomous Areas

Author: LiYanFeng
Tutor: LeiTang
School: Hebei Normal
Course: Criminal Law
Keywords: Criminal law Customary law Autonomous areas Criminal Law Accommodation
CLC: D924
Type: Master's thesis
Year: 2011
Downloads: 65
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Abstract

China's criminal law provisions crime, criminal liability, penalties, legal norms, the scope of the effectiveness of its space is the area within the borders under the jurisdiction of the People's Republic of China, \, Applicable Law; \\the basic principles of political, economic, and cultural characteristics and the provisions of this Law, formulate modifications or supplementary provisions, and submitted to the Standing Committee of the National People's Congress for approval and implementation. \nation, every nation has its own language, culture, customs and traditions. Where minorities customary law of all ethnic groups in the long-term historical development gradually formed, rules of conduct handed down through the generations to come, in the past, resolve conflicts, to resolve the dispute and even played an irreplaceable role in maintaining local social order. Even today, in real life in some ethnic minority areas, customary law is still hidden even open the way to play a unique role, especially in remote and border areas, and even play the role of alternative criminal law, resulting in criminal law impossible to get effective implementation. However, which is only a general requirement, there is no clearly defined specific how to work, that is, for the autonomous areas of crime, what needs to apply a uniform provisions of the Criminal Law, what modifications can be formulated according to the customary law of ethnic minorities provisions, lack of a actionable sexual content, resulting in a different region to take a different approach, different standards. In fact, the development of alternative provision of the criminal law is not just a legal issue, but also a very complex ethnic issues, it has a direct impact on ethnic relations and affect national unity and ethnic equality, affect social harmony and national stability safety. Therefore, to absorb what minority customary law to the alternative provision of the Criminal Code, and how to achieve the positive interaction between the Criminal Law and Minority Custom Law, in order to effectively solve the crime problem, maintaining social order and safeguarding national equality, unity mutual aid, harmonious relations and safeguard social stability and national security is worth exploring the real problem, is also the purpose of this thesis. In this thesis, the body is divided into five sections: Introduction section describes the significance of the topic; domestic and foreign legislation and Research; ideas and methods of the study. The first part focuses on the need for flexible and according to the Criminal Law. The part of the First clear the modifications of the Criminal Law refers to legislative modifications, the premise of this definition, the respect for the customs of ethnic minorities, face up to the reality of economically backward minority areas, and maintaining stability and national minority areas reunification need to discusses the necessity of criminal law work. Secondly, by looking at the fact that our existing laws and regulations on the modifications of the Criminal Code on the rules and history of all ethnic groups in China has undergone many fusion division two to explore the basis Criminal flexible. The second part of the practice of criminal law in the autonomous areas. This section first examines the problems before the founding of New China, from the Xia, Shang, Monday until the period of the National Government, including the criminal law, including the law in ethnic minority areas how to apply; investigated after the founding of New China, China's criminal law in the implementation of the national autonomous areas . Finally, on the basis of the foregoing analysis, sum up experience and lessons learned. The third part examines the foreign criminal law practice for minority applicable. This part of the visit from four aspects: First, foreign policy on criminal law applicable to the minorities; the relevant foreign criminal law on minorities applicable legislation; relevant foreign criminal law practice of minorities applicable; Fourth experiences and lessons . The fourth section describes our development of the principle of criminal law work and should pay attention to. This section from the maintenance of the unity of the legal system, respect for minorities customary law, indeed necessary, regional and temporary four depth study of China's criminal law work principle. China's criminal law work should pay attention to the following question: \Second, our laws should be clear to the specific form and the effectiveness of the criminal law work. Finally, it should strengthen the criminal law work to the study of the theory, in order to change the status quo of China's criminal law work. The fifth part of the work of the Criminal Law. According to the basic principles of criminal law, and combined with the actual situation of China's ethnic minority areas, the development of specific criminal law work should include the following: personal-related crime; crime associated with marriage, sexual mores; lifestyle-related and production crime; crime related to religious beliefs, feudal superstition.

Research on Accommodation of Application of Criminal Law in Chinese Ethnic Autonomous Areas

Abstract

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