On The Background,problems And Enlightenment Of Tibetan Customs In Criminal Reconciliation From The Perspective Of Individual Cases

At present,in the criminal justice practice of some Tibetan areas in China,the rule of rule by virtue of Customs has an important influence on the criminal reconciliation system in ethnic areas.On the one hand,from the perspective of social practice,the application of customary law in the criminal reconciliation of ethnic areas promotes the proper disposal of disputes in ethnic areas and the restoration of social relations.On the other hand,from the modern perspective of establishing the unity of national criminal law system,we should carefully consider and evaluate this social dispute resolution mechanism with special regional and era characteristics,It is not only to maintain and solidify the existing mechanism of criminal dispute settlement in ethnic areas,but to find out the effective interaction mechanism between the current national criminal law and the criminal reconciliation mechanism in ethnic areas,and to build a new criminal justice system in ethnic areas consistent with the economic and social development of ethnic areas in the new era.Criminal reconciliation,as a measure put into practice and has a great influence on the rights and obligations of the subject,needs to be deduced and implemented by the normative force of the system.In Tibetan areas,penalty can not meet the social needs of reality.With the proper use of minority habits in the criminal reconciliation system,it will greatly improve the "tension" relationship in criminal justice practice and make new contributions to social harmony.Therefore,it is of great theoretical and practical significance to think about how to improve the role of Tibetan customs in the criminal reconciliation system and promote the harmonious development of Tibetan habits and national laws or criminal reconciliation laws,and is a new requirement for the construction of a harmonious society in criminal justice activities.This paper attempts to expound the connotation of customs,customary laws,Tibetan customs and criminal reconciliation,and take five cases and the consequences of criminal reconciliation as the starting point to analyze the conflicts between the Chinese family law and Tibetan customs in the process of case handling.Even though there are many reasons for the selection of Tibetan customs in criminal cases in Tibetan areas,the author concludes the influence of the unique regional characteristics,beliefs and ideas on the habit selection through the reasons for the choice of Tibetan customs by the parties,judges,prosecutors and people with different roles in society.Through the analysis of the case,the conclusion is drawn that the Criminal Customary Law and the law of making in Tibetan area are not absolutely contradictory and irreconcilable.There is room for the change of criminal law making,and Tibetan customs have desirable connotation.They can realize harmonious development through adaptation and integration.