A Preliminary Analasis On Forestry Conventional Law

In recent years, as the understanding of localization of laws consistently goes deeper, the study of conventional law has development flourishingly and achieved great success. If we make a comprehensive view of present study of conventional law in this circle, they have focused on family and marriage, soil, contract, guild and so on, but the study of environmental conventional law is relatively insufficient, especially forestry conventional law. In fact, the study of forestry conventional law could offer ideas for perfecting the construction of forestry legal system. Based on that, the paper attempts to explore the general theory of forestry conventional law, and perfect the theory system of forestry conventional law, and exploit the intrinsic value of forestry conventional law by doing search on the past and now of forestry conventional law in order to promote the further development of construction of forestry legal system.The paper starts from the concept of forestry conventional law to study the forestry conventional law of Tongjiang, Dongzu and Shezu through the perspective of law historian and legal sociology. Based on that, this paper discusses the mechanism of forestry conventional law from three aspects of the formation and implementing process and positive effect of forestry conventional law; and analyzes the main difference between the forestry conventional law and the state law and the reasons of their conflict from the economic, social and culture three aspects. At last, this paper suggests to merge forestry conventional law and state law from four aspects that to realize forestry conventional law thoroughly, that to separate applicability of forestry conventional law from state law, that to construct the dialogue space between the forestry conventional law and the state law, and that to admit forestry conventional law as sources of law. Then, through the perspective of sustainable development and construction of forestry legal system to prospect the reality of forestry conventional law, and it is believed that the forestry conventional law will continue to exist.