Study On The Environmental Habit Law Of The Miao Nationality In Southeast Guizhou

Modern environmental legislation enacted law is undoubtedly environment as the center,however,due to the environmental protection law system in China to transplant foreign law,legislation and practice of defects caused by the disjunction and regional characters of environmental protection,and many other reasons,led to the environmental laws under "attending" practice and operational problems.In environment,therefore,this article is to develop a method of space outside the scope of seeking a new kind of solutions,through the study of ethnic minorities and the value of the customary law of environmental supplies and their positive interaction to overcome all difficulties and solve the related problems,to strengthen and expand the scope of actual effect and influence of the modern environment legislation,the purpose of within the maximum limit,environmental rich connotation of the rule of law.Since the 18th national congress of the communist party of China,the environmental customary law of ethnic minorities has become an important part of the construction of ecological civilization rule of law,and its value has long been recognized by people.At the present stage,the most concerned problem is how to transform the non-universal value with strong regional and national characteristics into the practical value in line with the overall requirements of the construction of socialist ecological civilization and the rule of law.People from all walks of life are also gradually improving the path of transformation,injecting the cultural tradition of environmental protection into the construction of socialist ecological civilization and the rule of law.Based on the analysis of the related literature to customary law on the protection of the miao miao environment beautiful magic historical contribution to the natural environment,for the miao area construction of ecological civilization,realize the protection and development in the process of development of benign interaction between the solid example of foundation and the opportunity to discuss and study the origin of miao customary law environment content and phenotypic forms and its relationship between national law and how to coordinate.The structure of the article includes four parts.The first part: "overview of environmental customary law of miao nationality".Environmental customary law refers to the code of conduct formed spontaneously in production and life by people independent of environmental enactment law,which is related to ecological protection and guaranteed by social authority and social organization.Environmental customary law is compulsory and regional,and its main forms of expression are national customs and village regulations.Guizhou miao region contains a large number of special environmental customary laws,these environmental customary laws to a large extent to protect the miao region's green mountains and rivers and harmonious ecological environment.The second part: "the application value of environmental customary law of qiandongnan miao nationality".The miao nationality has formed the unique ecological environment consciousness in the long history development.These environmental awareness has penetrated into the daily life of the miao people,such as food,clothing,housing,transportation and festivals.At the same time,these cognition also contain their unique production mode,life style,primitive belief and custom.These village rules and customary laws,which are recognized and consciously observed by all members,are one of the social ideologies formed through long-term precipitation,which are both legal norms and moral norms.On this basis,this paper analyzes the various functions of ethnic environmental customary law in guiding,enforcing,evaluating,predicting and educating ethnic minorities in environmental and ecological protection.The third part: "the present situation,development and predicament of the environmental customary law of the miao people in southeast guizhou".Firstly introduces the status quo and development of miao customary law,miao region in the long-term social development has a strong ethnic characteristics formed in the process of common law system now,although the effect is more developed in the villages and towns have not beautiful,but in the rural cadres,village old authority such as larger remote miao village,village regulations still has an irreplaceable role.In the fields beyond the reach of state law and the relations regulated by it,the customary law of national protection is also needed to make up.After that,it elaborates several difficulties encountered at present,such as the contradiction between the monism of law and the pluralism of reality,and the weak common law caused by the strong implementation of national law.Part four: Suggestions on the beneficial combination and positive interaction between the environmental customary law and the state law of the miao people in southeast guizhou.Through this paper on the empirical research of the customary law of miao environment and compared with the national law,we can see that customary law supplement of national law is very useful,on the basis of this conclusion the author for the above proposed several questions at the end,some advices are given in the hope for the future minority customary law and the setting method of road environment research reference and convenience to help provide a clear direction,in order to build environment benign interaction between common law and national law,the sustainable development of environment and resource to the minority regions in order to provide the beneficial reference.