论文部分内容阅读
在如今的凉山彝族地区法治建设逐渐完善的状态下,德古作为彝族民间纠纷的调解、审判者仍然在地方基层起着非常重要的治理和维稳作用。但在刑事领域,德古调解的存在与刑法所规定的“罪刑法定”原则在根本上产生了冲突,出现了司法架空的尴尬局面,在一定程度上影响着国家法治的深入与完整。但是,德古调解又是民族的瑰宝,应加以支持和保护,而且德古调解又顺应我国落实民族区域自治制度与“大调解”机制的潮流。本文将分析德古调解参与刑事案件的现状,并根据实际情况提出解决的途径与猜想。
Under the condition of gradually improving the legal system in the Liangshan Yi area, as an intermediary dispute among Yi people, Judges still play a very important role of governance and stability in local grassroots units. However, in the field of criminal law, there is a fundamental conflict between the existence of Medias and the principle of “legal punishment for crimes and punishing crimes” stipulated by criminal law, which leads to the embarrassing situation of judicial overhead and to a certain extent, affecting the thoroughness and completeness of the country’s rule of law. However, the ancient mediation is also a national treasure and should be supported and protected. Moreover, the mediation in Germany and Cuba conform to the trend of implementing the system of regional ethnic autonomy and the mechanism of “grand mediation” in our country. This article will analyze the status quo of Mediate participation in criminal cases in Germany and put forward solutions and conjectures based on the actual situation.