1 Tibetan Environmental Law And Modern National Law

Tibetan environmental protection customary law is a unique legal cultural form of the Tibetan nationality concerning the relationship between man and nature formed in the long life of the Tibetan people.It is closely related to the natural environment in which Tibetans live.It also reflects the process of Tibetan people's struggle and compromise with nature.The Tibetan environmental protection customary law deeply influences the environmental governance of Tibetan areas with its rich cultural deposits.Give full play to the unique value of Tibetan environmental protection customary law.It will play a positive role in environmental protection of Tibetan areas to integrate the environmental protection customary law with the modern national rule of law.If the value contained in the Tibetan environmental protection customary law is separated from the modern national legal construction,failed to correctly guide the Tibetan people to abide by the modern rule of law.It will cause social problems.Therefore,the implementation of modern rule of law in Tibetan areas must explore the inherent value of Tibetan environmental protection customary law,and actively learn from its reasonable factors for the use of environmental legislation in Tibetan areas.Based on the current situation of maintaining stability in Tibetan areas,this paper analyzes the factors such as primitive religion,written code,religious rules and regulations,and local rules and regulations,and explores the modern value of Tibetan environmental protection customary law,which is conducive to the realization of modern national rule of law construction.This paper is divided into five parts:Part one,related concepts of Tibetan environmental protection customary law.This paper mainly expounds three concepts of customary law,environmental protection customary law and Tibetan environmental protection customary law.Part two,the historical and ideological origin of Tibetan environmental protection customary law.This section summarizes the formation and development of Tibetan environmental protection customary law,which is deeply influenced by the original concept of Tibetan soul,bon religion and Tibetan Buddhism.Part three,the manifestation of Tibetan environmental protection customary law.Tibetan environmental protection customary law has various forms of expression,and Tibetan people's simple environmental protection behaviors can be seen everywhere in Tibetan areas,and the content is too rich to enumerate in detail.This section selects five representative forms of expression for discussion.Part four,characteristics and value of Tibetan environmental protection customary law.This paper summarizes the characteristics of Tibetan environmental protection customary law,comprehensively understands and masters the connotation of Tibetan environmental protection customary law,summarizes and discusses its intrinsic value,and excavates the reasonable factors of Tibetan environmental protection customary law,so as to be used for the construction of modern national rule of law.Part five,conflict and fusion between Tibetan environmental protection customary law and modern national rule of law.This section discusses the relationship between Tibetan environmental protection customary law and modern national rule of law,especially the dilemma brought by the Tibetan environmental protection customary law from the political,economic and social management aspects,and tries to demonstrate how to achieve the integration between the two from four perspectives.