我国是一个幅员辽阔的多民族国家,在漫长的历史发展中,少数民族形成了蕴含着独特的历史传统、文化特征与生活方式的习惯法。但由于各种原因,少数民族地区风俗习惯及文化传统与我国现代刑法存在着差别甚至矛盾,这使得刑法在当地适用遇阻碍,司法机关难以执行判决,也不利于维护当地少数民族风俗习惯。而现今在我国西南地区的黔东南少数民族地区,刑事方面的习惯法与刑法在调整当地刑事案件上形成了有机统一的司法机制,国家也采用了变通立法、变通司法和直接以“两少一宽”刑事政策为依据处理习惯法与刑法的冲突问题。但这几种方法也各有不足之处,因此,本文提出了将少数民族习惯法作为刑法的一种间接渊源,并将习惯法作为刑法“出罪”的标准,将具有实质理性的习惯法纳入刑法的领域之中,与刑法并存。 Our country is a vast multi-ethnic country. In the long history of development, ethnic minorities have formed customary laws that contain unique historical traditions, cultural features and lifestyles. However, due to various reasons, there are differences and even contradictions between the customs, traditions and cultural traditions of minority nationalities and the modern criminal law in our country. This makes it difficult for the criminal law to be applicable in the local area and difficult for the judiciary to execute the verdict. It is not conducive to maintaining the customs and habits of local ethnic minorities. Today, in the ethnic areas in the southeastern part of Guizhou in the southwest of our country, the common law and criminal law in the criminal field have formed an organic and unified judicial mechanism for the adjustment of local criminal cases. The state has also adopted the flexible legislation and the judicial reform, Wide "criminal policy as the basis for handling the conflict between customary law and criminal law. However, these methods also have their own shortcomings. Therefore, this paper puts forward that using the customary law of ethnic minorities as an indirect source of criminal law and using customary law as the standard of criminal law Customary law into the field of criminal law, coexist with the criminal law.