The Civil Customs And Statues In The Tree Adoration

D Chai, located mountainous Wuling area, is a small village for hundreds of yearswith minimal external disturbance.the locals of the minority goup-Tujia,because oftheir relatively closed environment, carried on traditional Tujia culture,they believedmainly primitive religion and they especially believed tree fairy.The primary featureof the tree adoration is using trees that the gods clings to as religion carriers,and thetrees theirselves were seen as the manifestation of a deity. For centuries,thereformed A lot of civil customs about protection of the Holy Trees in D Chai,and it isthese civil customs that make great contributions to those towering trees as well asto the ecological balance of the area.The Holy Tree is a basic carrier of local population’s religious belief.Religiousproperty is common concern to both the area of civil law and religion because thereligious liberty is guaranteed in the The PRC Constitution. As a religious object, thenature of the Holy Tree differs greatly from that of worldly things in the field ofreligion,so that the religious customary laws provided some specific ways to protectthese holy trees.But there are not any differences in the holy trees or the worldlythings in the eyes of the current regulations.For example: General of the Civil LawArticle77. The lawful property of social organizations, including religiousorganizations, shall be protected by law. The phrase the lawful property of religiousorganizations even has excluded from religious property. This difference origins fromthat China’s present civil law makes the rules without the classification of object ofreality,which leads straight to the holy trees failing to get legal protection because ofthe absence of special rules in current relative regulations.This paper put forward a solution to protect the holy tree,which is to achieveconsensus of views of the secular law and the Customary law by drawing from theforemost classification of thing in Roman law,and then perfecting the theory of lawto set the holy tree aside to religious property issues.The author found through theanalysis of tree adoration and relevant customary civil law that the statutory law is the developing tendencies of customary civil law, and advised to bind up some excellentcustomary civil law to improve the Chinese socialism legal system.