不同少數民族在歷史的進程中,建構了多元文化格局,也自然出現了法律的多元化現象。少數民族習慣法在民族地區適用廣泛,對維系民族地區社會的發展、穩定,發揮了建設性作用。但是在適用的過程中,也存在和國家法沖突的情況,尤其是少數民族地區對犯罪行為的處置,少數民族刑事習慣法和刑法也形成了較為緊張的關系,如何從根本上化解他們之間的沖突,成為擺在人們面前的重大課題。因此,探索少數民族刑事習慣法和刑法的沖突與化解,具有重要現實價值。

Different ethnic minorities in the process of history,the construction of a multicultural pattern,there is a natural law of the phenomenon of diversification. The customary law of minority nationalities is widely used in national regions,and it has played a constructive role in maintaining social development and stability. But in the application process,there are also and state law conflict, especially in minority areas to dispose of the crime, the criminal law and the customary law of ethnic minority areas has formed a tight relationship,how to resolve the conflict between criminal law and customary law of ethnic minority areas fundamentally,become a major issue in the people in front of the. Therefore,it is of great practical value to explore the conflict and resolution between the criminal law and the customary law in the minority areas.