On The Folk Law In The Protection Of Forest In Fujian Province During The Ming And Qing Dynasties

Traditionally, in ancient China, especially in the Ming and Qingdynasty, there exists a kind of law diversity. Besides the state laws, locallaws are formed in the rural daily life in order to arrange the right andthe duty of the villagers and coordinated their interest.The existence of local law is indubitable for the state is impossibleto reach every aspect of daily life. Therefore, the mass have to obey acertain kind of clan or local rules so they could lead a ordinary andpeaceful life. What's more, the state law carries the knowledge andregulation which are strange to the mass. The partition of the state lawand the local law is consistent with the partition of nation and the folkaccording to the academic theory.It is common in the Chinese history that the state has little power tocontrol the local society. The state could only domination to the county;what's more, most cases dealt by the state are criminal cases. Most ofthe civil cases are settled according to the local law. In Ming and Qingdynasty, there are also lots of patriarchal clan system and local rules,which are consistently proved by the newfound ancient stele whichcarried lots of information.This thesis is going to discuss the forest protected rules recorded inthe clan chart, the stone stele and the local convention and to clarify thedetail items on forest protection in the local laws of Fujian Province,aiming at illuminating the particular cultural meaning and the value ofthe local laws.It is proved that since 5000 years ago, Fujian province has beencovered with dense forests. According to various history records, forestprotection is a convention in Fujian province. In Ming and Qing dynasty,this united effort from the government and local people reached to thesummit. In Qing dynasty, ChenTingyi, the officers of Fujian province,set up a rules to encourage local people to plant trees. Thisencouragement worked well and local people begin to plant the tree in abundant.For patriarchal clan system has been pervasive in Fujian provincesince Qin Dynasty, it's natural that the clan rules and the local lawsplayed the most important roles in forest protection. The native peopleput much attention on their living surroundings and considered thearborous environment is propitious to the development of their offspring.As a result, most of the clan rules included the items of forest protection.This kind of tradition played a vital part in balancing the ecology,preventing the soil erosion, and coordinating the climate as well asguaranteeing the living base for local people.Along with the clan rules, the local laws recorded in the stele,village rules and customs also had detailed items in the forest protection.Not only did they include the specific ban and punishment, they alsoincluded the unique forms of encouragements. These rules were carriedout by the clan leaders or the managers.Compared to the state law, local and clan rules may be green intheir forms, however it's much more practical than the state law.The conflict between the two law systems is unavoidable. However,we should put more attention on their coordination especially in forestprotection. Despite of some subtle difference, they enjoy the samepurpose and cooperate with each other in many cases. The traditionalChinese law, including fold law is a profuse information resource.Although we have own it for thousands of years, we still knew littleabout it and it's our duty to explore it.