On Environment Customary Law In China And Its Way Out

In order to solve the increasingly serious environmental problems,environmental customary law has not been taken seriously as the "indigenous resources" of environmental law.However,environmental customary law is a folk norm that does exist and has been in operation from the past to the present.As a relatively independent legal norm from the environmental statute law,it has been playing a role in protecting the environment and natural resources in areas that can not be touched by the environmental statute law.Its conditions,manifestations and environmental governance all reflect the geographical characteristics and humanistic colors of different regions,highlighting the Chinese characteristics of environmental protection.Environmental customary law is facing many difficulties at the moment.The causes of difficulties come from themselves and from the outside.Its own closeness,backwardness,complexity and looseness and other drawbacks determine its limited operation in a specific region,culture,lack of a unified universal national law to promote the basis of a wide range.Extemal reasons such as the development of urbanization,the decline of regional culture,the exclusion of statutory law and so on are squeezing the living space of environmental customary law.Strengthen the research and support of environmental customary law,use of village governance in rural environment in the role of exploration in the background of rule of law under the law and environmental law used to benign interaction between the three points of suggestions put forward by the author.Because the modem rule of law should be based on the local tradition to absorb foreign knowledge and experience of rule of law,the establishment and improvement of modern environmental law should also focus on this.Therefore,at the present time when environmental statute law has become the dominant environmental law norm,it has become an important issue for environmental law circles to find a way out for local environmental customary law and to preserve and expand its living space.