Environmental Customary Law And Function Realization In Modern Society

Environmental customary law is a kind of social standard system which gradually forms during human's producing and living in long term,whose target is environment and natural resources protection. Definition of property right and ideology is the foundation of environmental customary law's function and operation. The attitude of state law the relationship between state law and environmental customary law is important background of functional performance of environmental customary law. Furthermore, various type specific rules, security of specific social authority are also the basis of the operation of environmental customary law's ecological protection function. The interaction of such factors ensure the operation and the function display of environmental customary law in traditional society.As the products of the traditional society's developing stage, the generation and operation of environmental customary law is the response to specific times background . Also they are the embody of the people's requirement for the protection of environment and natural resources. With the disintegration of rural society and traditional culture, the social basis of environmental customary law is being dispelled gradually. In addition, the change of state law's attitude towards such folk rules has become the serious obstacle of the operation of environmental customary law, and which make get into trouble in the modernization process. This paper thinks, how to realize ecological protection function of environmental customary law in modern society is the key to set up and perfect environmental and natural resources management system in our country, and is the emphases of this paper. appearance and causes of environmental customary law in modern society are combed and explained in this paper. The function realization of environmental customary law and structure of favorable mutual mechanism between environmental customary law and state law in the context of modern society, are explained detailedly in this paper. This text thinks, environmental customary law should be identified, liquidated, codified and systematized. Furthermore, state law's stubborn attitude should be changed, in order to realize the rational division of labor between environmental customary law and state law.