The Research On The Environmental Customary Law At Pu’er Region Of Yunnan Province

Environmental customary law is the spontaneous formation of mandatory code ofconduct related to environmental protection, which according to national taboo, pactsand other manifestations, formed on the bases of facts and experience that the localpeople in the long-term production of social life, has a certain effect binding to thelocal people. They’re abundant natural resources in the Pu’er region, and thebiodiversity has an effective protection and development, all benefited from thecrucial role played by the local minority Environmental Protection customary law.Affected by the special geographic environment and historical factors, Pu’er minorityhas a strong dependence on the natural ecological environment, which based on thepsychological foundation of natural worship and god worship, they creating manynational customs and habits about environmental protection. Although unlike statutoryenactment of implementing a standardized form of words, but through a nationaltaboo word of mouth, the pacts the specific way exists in the consciousness of thenation, to constraint tribe’s behavior. With the development of economy, the influx offoreign population, the pursuit of economic interests, all cause random logging, illegalhunting is becoming more and more serious, destructing the balance of naturalecological environment in the Pu’er region. the construction and protection ofecological environment becoming a arduous task. When the current legislation couldnot protect the local environment better, the environmental customary law play asupplementary statutes blank role for it. However, the environmental customary lawrunning in the development process, gradually showing its uncertain status anddevelop the conflict between the law, the administration of justice and other issues.inthe Pu’er region. For the the conflict between the environmental customary law andstatutory law, due to the special historical and cultural background, the process of theapplication and interpretation of the law, the judiciary need to take into account thedifferent custom between different minority of environmental custom, reform in thefield of application of justice, and contact the actual situation in Pu’er region, take theessence discard the dregs, strive to makes the full integration of environmentalcustomary and statutory law, to provide a way for the environmental development ofthe customary law of Pu’er region. For define the judicial referee status ofenvironmental customary law in this area, mainly through improve the conditions, scope, procedure and applied in a manner: First, it can only be applied to the field ofnon-criminal penalties for specific ethnic minority areas. Second, for the applicableconditions of customary law, can only in the region to reach same consciousness, inaccordance with the spirit of the legislation, and there is not clearly regulation can beapplicable to the environmental law. Third, the applicable procedural rules includingwho is the first presenter for application about environmental customary law, Parties’adduce evidence, and improve professionalism of the judges. Finally, take more thanways for application of environmental customary law in Pu’er region, such as the getagreement between the parties, lead into relevant environmental judicial precedent, setup a cases guidance system, take full advantage of court mediation of disputes, tocreate a conducive environment dispute solution mechanism in Pu’er region, in orderto solve environment dispute from the root of the problem.