论新形势下涉及民族因素矛盾纠纷的解决思路——兼论对“两少一宽”政策的反思

The Solutions of the Conflicts and Disputes Involving Ethnic Factors under the New Situation——Also on“More-Leniency ”Policy Reflection

基于对《关于加强和改进新形势下民族工作的意见》的解读,涉及民族因素的普通刑民事纠纷应当"去民族问题化",在法治轨道上进行处理。将涉及民族因素的矛盾纠纷做"特殊"考量,在执法或司法实践中宽宥少数民族的做法,源于"两少一宽"等民族政策,这不仅在合理性基础上存在疑问,在实践中也产生出很多问题和弊端。在全面推进依法治国的大背景下,应当认为"两少一宽"等民族政策的历史使命已经完成,并树立依法解决涉及民族因素矛盾纠纷的法治观念。

Based on the interpretation of'On Strengthening and Improving the Ethnic minonties Work under the New Situation',the solution of ordinary criminal or civil disputes which involving ethnic factors should not be considered as 'ethnic issues ' but should be back to the legal track at the same time. To make a 'special'consideration against the disputes which involving ethnic factors or have mercy on the minorities in law enforcement or judicial activities originated from the 'More-Leniency 'and other related national policies,which not only has a doubt on the basis of rationality but also have a lot of problems and drawbacks in practice activities. It should be considered that the historical mission of 'More-Leniency 'and other related national policies has been completed in the background of'Promoting the Rule of Law'and we must establish the legal idea to resolve disputes which involving ethnic factors.