The Environment Of Customary Law Research In The View Of Rule Of Law

The environmental problems of China are becoming more and more serious for many reasons. Environmental Protection Act as the main barrier of China’s environmental protection must take responsibility for their own due role. In our country’s environmental law research, most scholars only focus on environmental statutes but environmental customary law holding an ignored. However environmental customary law for solving the environmental problems of our country can play an important role in certain circumstances, this effect is more important than the environmental statutes for solving the environmental problems of our country can play an important role in certain circumstances, this effect is more important than the environmental statutes. The socialist construction of environmental law as a subject, to the rule of law from the perspective of environment customary law as the object of study, the environmental customary law theory and practice to undertake comprehensive in-depth discussion. The article starts from the theory of law, the legal system and judicial activities in three aspects of environmental customary law trying to explain the environment of customary law in the environment and the rule of law is a neglected; secondly, the environmental customary law society of empirical research, through environmental customary law exists the forms and characteristics of the content of that environmental customary law in real life a strong presence. On this basis, the article on the environmental customary law and the environmental statutes relationship is demonstrated, from two aspects of theory and practice to find the environment law’s existence, and environmental customary law and the environmental statutes conflict, compromise and complementary relationship. In fact, environmental customary law on the construction of environmental law are of great value, pay full attention to environmental customary law to expand environmental law rule, strengthen environmental law binding, enhance environmental effectiveness of law. At the same time, the environment of customary law in the make up for lack of environmental law, realize good environmental governance and protection of the natural environment plays a positive role. The paper finally points out environmental customary law in the judicial practice to use, in the entity must define its legal status, in the procedure must be clear the corresponding proof, only after a review of and comply with the public order and good customs environment law can become the basis of the judicial review.