| The report to the 20 th National Congress of the Communist Party of China pointed out that we must adhere to the path of socialist rule of law with Chinese characteristics,build a socialist rule of law system with Chinese characteristics,and build a socialist country under the rule of law.In 2012,the newly revised criminal Procedure Law introduced the criminal reconciliation system,which means that our country has affirmed the positive significance of the criminal reconciliation system from the system and supported the implementation of the system in our country,and our criminal reconciliation system has also experienced a historic breakthrough from scratch.At present,China maintains a conservative and cautious attitude towards the application of the criminal reconciliation system,which is subject to many strict restrictions,but it is gradually developing in a positive direction,which is an inevitable trend of the development of human civilization society.The Yi people have a large population,mainly distributed in several provinces such as Yunnan,Guizhou and Sichuan in China,and have rich excellent ethnic traditional history and culture,which has been effectively inherited and developed up to now.In particular,Liangshan Yi Autonomous Prefecture in Sichuan Province is the largest Yi inhabited area in China.Due to its special geographical environment and history and other factors,it has become the most primitive area in which the outstanding traditional culture of Yi is preserved,and it has also become the "living fossil" of the customary law of Yi.Yi customary law,as an important part of Chinese legal culture,is rooted in Liangshan,a special ethnic region,and has been inherited for thousands of years in this region with its special customs and habits.Its value concepts such as economic and spiritual compensation and restoration of social relations are the same as the restorative justice concept pursued and embodied in the criminal reconciliation system.Therefore,to fully exploit and give play to the positive role of the Yi customary criminal law in Liangshan Yi area and integrate it with the criminal reconciliation system is bound to produce a good resultant force,which will effectively improve the level of the construction of the rule of law in Liangshan,maintain long-term social harmony and stability in the region,and guarantee the sustained and high-quality development of the region’s economy.It will further help China build a great modern socialist country that is prosperous,strong,democratic,culturally advanced,harmonious and beautiful and realize the Chinese dream of the great rejuvenation of the Chinese nation.In this paper,the author,who is of the Yi ethnic group,has the advantage of being accustomed to the customary law of the Yi ethnic group since childhood,combined with the teacher’s teaching of relevant legal knowledge and my own understanding and opinion of the criminal reconciliation system,and made a scientific investigation on the application of the customary law of the Yi ethnic group and the criminal reconciliation system in Liangshan by using various investigation methods such as case analysis and literature research.Then the feasibility of organic integration of the two is rationally analyzed,and the path of constructing criminal reconciliation system with ethnic characteristics in this area is proposed,in order to further promote and improve the relevant theoretical research of ethnology,law and other disciplines in our country,and the theoretical research results are combined with the social reality of Liangshan Yi area for practice and application.To further promote social harmony,stability and high-quality economic development in the region. |
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