The Research On The Environmental Protection Customary Law In Miao And Tong Minority At Southeast Region Of Guizhou

As one of the customary laws , the environmental customary law is a mandatory code of conduct with mutual compliance , which is formed on the bases of the primitive nature worship , taboo and Yilang constitution , taking the protection of environment as its main orientation . Though independent to the national statute law , the customary law of environmental protection is not in conflict with it in respect of the ultimate aim . On the other side, due to its flexibility and concreteness , the environmental customary law compensates for the statute law in local production and daily life , which has a characteristic of abstract and macroscopic . The unique geographical and cultural environment in the southeast region of Guizhou creates a colorful and precious cultural heritage for the Miao & Dong people , and reserves and inherits a particular original ecological national culture . The rapid penetration of modern civilization , together with the development of local economic at top speed , is upsetting the ecological balance and causing damage in various degree to the diversity of environment in the Miao & Dong region , southeast of Guizhou . By analyzing the original ecological culture of the Miao & Tong people in the southeast of Guizhou , and inspecting their practice in environment protection , the author comes to the conclusion that it is of great urgency to construct a Miao & Tong ecological environmental protection system in the southeast of Guizhou .The construction of this system is of great significance to the protection of the diversity of national culture of the Miao & Tong people , and promotes the ecological environmental construction and sustainable development of the southeast region of Guizhou . Therefore , it is necessary to explore how the rules of protecting environment have functioned for thousands of years . Through this exploration , we can see how the environmental customary laws in Miao & Tong region , including the Lang rules and Kuan regulations , religion customs and village rule and folk arrangement protect the environment and ecological resources effectively from different aspects , which has laid a solid foundation for the further development of ecological and social civilization in the southeast of Guizhou.The thesis consists of four parts besides preface.The preface makes a brief introduction of the environmental problems and the environmental condition in the southeast of Guizhou, the purpose of writing this thesis , and the methods used in the process of preparing and writing .The author is intent to reveal the real the true picture of the environmental customary law in that region.The reason why the author takes the environmental customary law of the Miao & Tong people as the subject investigated is not that they are the only nationality in the southeast region of Guizhou , but that they have been living there for a long time and have typical significance for demonstration. In addition , this thesis is based on the premise that customary law is law , therefore, there won't be further discussion in this thesis on whether customary law is law.The essential contents of this thesis are as follows:The first part describes the formation of the environmental protection customary law in Miao & Tong , southeast of Guizhou , from the aspects of social culture and physical geography . While the unique physical geography causes the Miao & Tong people to act almost on instinct , the social culture which shaped with the history evolvement has an effect on the formation of environmental customary law .The second part details the contents of environmental protection customary law by describing its different forms of express , which includes the Lang rules and Kuan regulations , taboo &myth, and the village rules and folk arrangement . Then the author brings to light how the internal ecological concept has inherited and protected the environment in thousands of years.The third part makes a brief summary of the contents of environmental customary law , the characteristic of which can be concluded to be religiousness , coerciveness and equilibrium . By analyzing these characteristics , especially the formative process of them , the author finds out how those characteristics maintain the implementation of environmental customary law and sustainable development of local environment .In the fourth part ,the author reveals the tension between the environmental protection laws of China and the environmental customary laws with a small case . Then , the author explores the relationship between constitutional law and customary law , and shares his opinion on the future development of environmental customary law.