青海藏区刑事和解实践对传统刑事司法制度的补充研究

The Study on Criminal Reconciliation Practice in Tibetan Areas of Qinghai Have a Complement to Traditional Criminal Judicial System

青海藏区是一个藏族相对聚居且受藏传佛教影响较大的地区。与此相适应,该地区存在着在基本理念和具体操作上都不同于国家刑法的民族习惯法。近年来,在构建社会主义和谐社会的背景下,民族习惯法较之以前有所复兴,对藏区刑事冲突的解决起着一定的支配作用。文章通过挖掘和引导民族习惯法中合理的实践做法以及提倡"以报应性司法为主,刑事和解为辅"的刑事司法模式建构,以期达到既要对青海藏区刑事案件的合理解决,又要维护国家刑事法权威的目的。

Tibetan area of Qinghai is the district which is influenced by Tibetan Buddhism.Relevant with this,there is customary law which is different with Criminal Law in here and this kind of difference both exist in basic idea and specific operation.Meanwhile,in the context of building the socialism harmonious society,customary law begin to review and have more and more governing influence in solving problems of criminal？conflict.The article tries to establish the whole text by finding and leading the reasonable and legal practices in customary law,and it also has the article construction through advocating the model of criminal law which is called ＂Retaliatory？Justice—based,Criminal Reconciliation as supplement＂,in order to achieve the aim of solving the criminal case in Tibetan area of Qinghai and protecting the authority of national criminal justice.