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西康地处川边,是以藏族为主体、多民族聚居的边疆少数民族地区。近代以来,为防止民族分裂、促进国家统一,中央政府多次策划建省,屡经波折,最终于1939年为适应抗战形势而完成建省计划。国民政府在西康建省后,结合其地域特征和民族特色,对司法制度进行了因地制宜的改革。一方面,宣扬国家法典与程序规则,充分发挥国家法律的引导效能;另一方面,充分尊重少数民族地区的公序良俗,将国家法定程序与习惯规则进行了相应的调适,既重视国家法律在边疆地区的规制作用,同时又将各种习俗惯例引入司法审判,体现了边疆司法的特殊性,堪为抗战时期国民政府推行边疆司法改革的典型样本,对当前边疆司法研究极具理论和实践价值。
Xikang is located on the edge of the Chuanbian. It is a minority nationality border area where Tibetans are the mainstay and where many ethnic groups live together. Since the modern era, in order to prevent the ethnic split and promote the reunification of the country, the Central Government has repeatedly planned and built the province with repeated twists and turns, and finally completed the plan of building a province in 1939 to meet the war situation. After the Xikang Provincial Government was built, the Nationalist Government, in light of its geographical features and national characteristics, carried out reforms in the judicial system in line with the local conditions. On the one hand, we should promote the rules and procedures of the state and bring into full play the guiding effectiveness of the state laws. On the other hand, we should fully respect the ordre publicity and customs in the ethnic minority areas and appropriately adjust the national legal procedures and customary rules. We should attach importance to national laws in the border areas At the same time, it introduced all kinds of customary practices into judicial trials, embodies the particularity of frontier justice and is a typical example of the implementation of frontier judicial reform by the national government during the Anti-Japanese War. It is of great theoretical and practical value for the current frontier judicial studies.