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苗族是一个高度团结的民族,聚寨而居的约束机制及婚姻纽带使得民族内部凝聚力极强。在反抗封建统治压迫和剥削的斗争中,苗族习惯法发挥了重要作用。在新时期,苗族习惯法在某种程序上起到了维护小地域村落秩序的作用。但也因此极易形成局部的若干团体,民众为团体利益而聚众,容易引发群体性暴力事件,为司法处理带来了一定的难度和压力。刑事和解制度出台后,民族地区的司法部门创造性的把刑事政策与习惯法资源相结合,充分发挥习惯法在个案调处中的优势,为维护当地的和谐稳定起到了较好的作用。
The Miao is a highly united nation. The restraining mechanism and the marriage bond that make people live in a stronghold make the internal cohesion extremely strong. Miao customary law played an important role in the fight against feudal oppression and exploitation. In the new era, Miao customary law has played a role in maintaining the order of small-scale village communities in some kind of procedure. However, it is also very easy to form a number of local groups. People gather for the benefit of the community, easily lead to mass incidents of violence and bring some difficulties and pressures to the judicial process. After the criminal reconciliation system was promulgated, the judiciary in ethnic areas creatively combined the resources of criminal policy and customary law to give full play to the advantages of customary law in mediating cases and played a good role in safeguarding local harmony and stability.