黎族习惯法中的惩罚机制研究

Research on the Punishment Mechanism in Customary Law of Li Nationality

对传统黎族惩罚机制中惩罚权执行者、惩罚方式措施、惩罚程序、价值构成进行系统梳理。建议在坚持法文化多元性理念下,吸收和保存传统黎族社会惩罚机制中和谐成分,且在我国现行法律体系视野下,通过对传统黎族社会惩罚机制中野蛮性因素改造,最大程度维护黎族人民利益和内部稳定。在国家法与少数民族习惯法、政府与民间找到某种平衡,克服双方各自不足,互为补充,确保社会规范体系完整和效力,实现传统黎族社会习惯法的现代化转型,推动少数民族地区社会和谐与发展。

This paper mainly takes the perspective of the punishment mechanism, and makes a further research on Punishment Mechanism of the Li Nationality by introducing the executors, methods and measure- ments of the punishment. It argues that due to the objective demand of the culture plurality, we should insist on the diversity of the law culture, absorb and preserve the harmonious part of the power operation mecha- nism, especially the punishment mechanism in traditional Li society, and try best to protect the interests of the Li people and maintain the stability of the internal society. From the perspective of the current legal system of the country, by modifying the barbaric factors in the traditional punishment mechanism of Li, we can achieve compromises and cooperation between state laws and minority custom laws, and between the government and the non - governmental, and thus protect the integrity and the effectiveness of the social regulation system, o- vercome the drawbacks of the both sides, mutually support each other, accomplish the modernization of the custom law which regulates the Punishment Mechanism of the traditional Li society, and promote the society harmony and the development of the minority areas.