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苗族婚姻习惯法对强奸等案件的处理有特殊的规则,要求违规者用“挂红”的方式向受害人家属赔礼道歉,即将违规者的猪或羊等当众杀掉,聚众分食,在令违规者名誉扫地的同时,受害人也得以挽回面子,苗族婚姻习惯法对此问题特有的处理方式适应了小地域的社会治理要求。但随着苗侗地区经济快速发展,这种处理方式与现代司法不相符合,普通民众的司法观念和婚姻习惯法方法与国家法之间的冲突也引发了大量的纠纷。类似的典型司法个案是法官在司法实践中面临的难题之一。如何化解此类个案也成为当前民族地区法院在纠纷解决中的困局之一。
Miao marriage customary law on rape cases have special rules to require violators to use the “red” way to apologize to the families of the victims, about to be offended pigs or sheep and other public killings, gatherings, While disrupting the reputation of offenders, the victims have also been able to restore their face. The peculiar treatment of Miao marriage customary law has adapted to the requirements of social governance in a small area. However, with the rapid economic development in Miao and Tung areas, this approach is not in line with the modern judicial system. The conflicts among ordinary people’s judicial concepts and methods of marriage law and state law have also caused a great deal of disputes. A typical case of judicial justice is one of the problems judges face in judicial practice. How to resolve such cases has also become one of the predicaments of the courts in ethnic minority areas in dispute resolution.