Research On The Legal Problem Of The Sustainable Development In Karst Rocky Desertification Area

Sustainable development,a concept with wisdom,is the Western world's response to the environmental crisis.It,in time,emphasizes the interests and needs of contemporary and future generations while,in space,it focuses on globe,inter-regions,countries,even any level under the countries.Especially on the basis of "not to comprise the future generations' ability to meet their needs",the sustainability in three aspects of economy,society and resources is being put in a very important position.The United Nations requires that every country must take sustainable development as its standard to review and evaluate its own laws so that the disparities can be found out,and hence adjustments will be made.As far as our country is concerned,Chinese have undergone a process of continuously introducing,absorbing,innovating and localizing in the understanding of sustainable development.We have firstly issued China's Agenda for 21,which creatively proposes the view of scientific development and ecological civilization construction whose basic connotations and values are in accordance with sustainable development.Also,it proposes the concept of "innovation,coordination,green,openness and sharing",conforming to the trend of sustainable development which,as a legal concept,has been written into many of our laws,administrative regulations and local regulations.Environmental laws include environmental law and environmental customary law.So far,the value goal of sustainable development has been implemented through environmental law.On the contrary,customary law,with its unique social functions and normative functions,may be able to promote the realization of the local value target of sustainable development,and then cooperate with the implementation of the environmental law.Hence,based on keeping pace with the times' dynamic global sustainable development,the author responds to China's environmental laws in the light of local conditions,taking the karst rocky desertification area as the research object,trying to find out the fit between the environmental customary laws and the functions of sustainable development,thus to solve the problem of implementing the environmental law in the locality.In addition to the introduction and conclusion,this dissertation includes the other four chapters as follows:Chapter one introduces the investigation of the current situation of sustainable development and the legal problem in karst rocky desertification area.This chapter firstly takes the karst rocky desertification area as the research object,trying to introduce the investigation of the current situation of sustainable development based on the followings three aspects:the unique and harsh natural conditions,the unique and multiple production and life styles,and the unique and abundant local knowledge of this area.The unique and harsh natural conditions' main features are embodied in the rough terrain,frequently happened natural disasters and poor farming conditions.It is this ecological vulnerability that easily triggers the vulnerability of local economic and social development which is mainly based on agricultural production.This chapter attempts to have the case analysis on the indigenous people's unique and multiple production and life styles of karst rocky desertification area,namely,on "slash-and-burning farming in mountain forest areas","herding and farming in mountainous regions," "cultivating rice in hills".In fact,these styles' have similarities and differences the ecosystem's types,the vulnerability of natural conditions,the long-dwelling people there and the labor intensity.In rocky desertification area,the unique and abundant local knowledge,evolved from the traditional farming society,pays attention to the reality of Man-earth harmony,and embodies the characteristics of livelihood culture.Environmental customary law,as a kind of local knowledge,not only bears the ecological wisdom and survival skills of the long-dwelling indigenous people,it also plays the important role of protecting the fragile ecosystem of this region,inheriting the culture of ecological protection law and as well as making up for the deficiency of implementing sustainable development law.Based on the findings,this chapter introduces the legal problem of sustainable development of karst rocky desertification area.The author defines the core concepts of sustainable development,legal problem of sustainable development,customary law and environmental customary law in turn.And then,there comes the investigation of the current situation of the legal problems of sustainable development in karst rocky desertification area from the perspective of legislation,law enforcement,justice and legal culture,so on and so forth.In addition,it attempts to reflect on such problems in the process of the implementation of sustainable development laws in karst rocky desertification area as the system to be perfected,the mechanism to be improved and the legal system difficult to "landing".And the author is proposed to ask possible directions for the improvement of the legal issues of sustainable development in karst rocky desertification area.Chapter two discusses the field and habitus of environmental customary laws in karst rocky desertification area.The field and habitus,as methods of theoretical analysis with insight into social practices,were created by French sociologist,Pierre Bourdieu.From a methodological point of view,the field emphasizes thinking of relational theory and game theory's perspective in a particular analytical framework,and the habitus highlights the synchronic and generative nature of the doers' disposition tendency system.To analyze a field,it is necessary to analyze the field position corresponding to the field of power,to outline the objective relationship structure of the positions occupied by the doers and to analyze the habitus of the doers.Based on the premise of farming society,the author specifically analyzes three different types of fields,namely "slash-and-burning farming in mountain forest areas","herding and farming in mountainous regions," "cultivating rice in hills" in karst rocky desertification area,thus to find that the farming community,with survival and developing space of a village's self-governance in the karst rocky desertification area,has some things in common,namely,the community is relatively closed,adaptable to local conditions and orderly in management.Based on livelihood culture,the author specifically analyzed the habitus of the indigenous people in the karst rocky desertification area in three different fields,finding that the indigenous people in the region have the social habitus of "following the mass","following the ancient" and "following the old" societies and also have the ecological habitus of"ecological taboos" and "adaptive survival".It is this ecological habit stemming from ecological taboos and adaptive survival that enables the farming people of karst rocky desertification area to adapt to the tradition customs of eco-living and society-living,thus to be spontaneously generated and pass on from generation to generation.The environmental customary law echoes the field structure of the farming society and generating the meaning of eco-habitus.Under the aforementioned field and habitus analysis method,the forming of environmental customary law has undergone a process from eco-habitus to environmental customary law.The succession of environmental customary law includes three phases:authority,silence and rebirth.The rights of environmental customary law can be divided into "customary rights based on natural resources" and "customary rights based on social resources" while duties of environmental customary law are often closely linked to the obligations of environmental protection and prohibited deterrence of penalty.Environmental customary law has three different forms:the form of institutionalization,the form of objectification and the form of somatization.According to the indigenous people's different emphasis on ecological and social habitus in karst rocky desertification area,the function of customary law falls into social and normative functions,the former is based on rural environmental governance while the latter is based on environmental protection and resource utilization.The use of the normative features in two broad categories.Chapter three explores the fit of environmental customary law and sustainable development in karst rocky desertification area.Firstly,the author analyzes the relevance of environmental customary law and sustainable development in value orientation,focusing on the value integration between human survival and development and between the environment,resources and social sustainability.Secondly,the author puts the environmental customary law in the space-time field of sustainable development.He firstly discusses not only the integration between the environmental customary law and the time of sustainable development,but also analyzes the environmental customary law involving the sustainable utilization of natural resources,benefit protection of contemporary and future generations,and the social time of the physical and mental experience(habitus)in different level.In addition,the author goes on to studies the fit between environmental customary laws and the micro scale of sustainable development and pays attention to the self-governance of the rural environment.Finally,on the basis of the foregoing,the author explores the functional integration between environmental customary law and sustainable development.According to the characteristics of the two-way operation of the habitus system,the responsive value of the sustainable development in the karst rocky desertification area is a new form after the integration between the value of environmental customary law and the value of sustainable development.Turning from the responsive value to responsive law embodies legalization,institutionalization and normalization in accordance with the local conditions of karst rocky desertification area,which manifests the integration between environmental customary law and the function of sustainable development.Therefore,compared to traditional environmental customary law,responsive law has a stronger adaptability to adjust to new problems emerging in social development.Chapter four focuses on the supplements of the environmental customary law to the implementation of sustainable development law in karst rocky desertification area.The chapter is the response to chapter one about reflecting and questioning of the implementation of sustainable development law in karst rocky desertification area.If the objective of the environmental customary law is consistent with the environmental law in solving problems,then we can seek the successive path of the two from the legal implementation level in the system,mechanism and legal system,and then supplement the existing implementation of the environmental law in practice in the local area.From the perspective of the system of rural environmental governance,this dissertation could not ignore the institutional conflicts between the self-non-governmental organizations and environmental multiple entities.Thus,it is urgent to discuss the institutional successive problem resulting from environmental self-governance and environmental multiple governance.Judging from the operating mechanism of the law,this dissertation discusses not only that the ecology undermines the connection between the folk and judicial and relief but also it focuses on the folk recognition of the cases about ecological damage and on the intervening way of folk relief.In addition,it also probes into the folk organizations'appeal of their interests.Also,it notices when the public take part in environmental issues,they have common in their idea,the social organizations they rely on and the operating modes.And then,it comes to pay attention to their common ground while reserving differences and mutual complementarity in environmental democracy.From the perspective of implementing of the legal system,the author focuses on the integration of the eco-red line system and the folk feng shui taboos in the context of environmental sustainability in order to look for the scope of application,participants and application strategies for the folk model of "landing the eco-red line".In the aspect of resource sustainability,the author concentrates on the integration of the developer's maintenance system and folk farming practices in sustainable utilization,rational development,protection of ecological security and ecological restoration.So he clarifies the adaptive survival mode of "development and conservation" between the equivalence of rights and obligations.In the aspect of sustainability,attention is paid to the inconspicuous consistence of the inclinable protection system and the folk "Jiang Bu" and "Fang Lang"systems.And finally,the function of "profit-share" and concerning the underdogs are also clearly defined.