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由于我国的少数民族习惯法是在少数民族长期的历史发展中,一代代传承下来的主要行为规范。可以说在维护民族团结、国家稳定方面,民族习惯法发挥着不可忽视的巨大作用。本文主要探讨了刑法在少数民族地区变通的可行性,列举出我国少数民族地区刑法变通的法律依据及事实依据。分析了当前形势下我国刑法变通的必要性,并且提出了立法上的建议。事实上,刑法的变通问题绝不仅仅是一个法律问题,它还与民族问题密切相关。如何可以既解决少数民族的犯罪问题又不影响民族间的平等、团结、互助关系,是本文理论研究的重点内容。
Since the customary law of ethnic minorities in our country is the main code of conduct inherited from generation to generation in the long-term historical development of ethnic minorities. It can be said that national customary law plays an important role that can not be ignored in safeguarding national unity and national stability. This article mainly discusses the feasibility of the criminal law in the minority areas, and lists out the legal basis and factual basis of the criminal law in the minority area of our country. Analyzes the necessity of our country criminal law under the current situation, and puts forward the legislative suggestion. In fact, the problem of flexibility in criminal law is by no means merely a legal one, but it is also closely related to ethnic issues. How to solve the problem of the crimes of the minorities without affecting the equality, solidarity and mutual assistance among the ethnic groups is the key point of the theoretical study in this article.