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“赔命价”是中国一种古老而又影响至今的以“杀人赔钱赔物”为主要内容的少数民族刑事习惯法。这种千百年流传下来的习惯法,为什么仍然有着如此顽强的生命力?其理由是什么?它的现实存在又有何利弊?本文拟就此类问题试作考析。
“Compensating for life’s price” is an ancient Chinese criminal customary law that takes the “killing and loosing money and money” as its main content and affects so far. Why does this customary law, which has been handed down for thousands of years, still have such tenacious vitality? What are the reasons? What are the pros and cons of its existence? This paper attempts to make an analysis on such issues.