Study On Yugur Environmental Customary Law

In the face of the ecological environment in minority areas is deteriorating，lot ofenvironmental protection legislation and law did not solve the endless ecologicalenvironment problems fundamentally. From the perspective of national legislation, thenumber of laws, regulations which related to environmental protection continuousincrease in a geometric; from the point of view From the point of view of the lawactual operation, the state laws are not well implemented, for the better protection theethnic minority environmental so explore the another legal tradition which outside ofnational law——law in the environmental protection of the ethnic minority areashas the practical significance meaning. Based on this, in the legal multivariate theoryperspective, through in the case of Yugur national minority, the paper study the Yugurtraditional customary environment law on environmental protections.This paper through consult with relevant literature,field surveys of Yugurnationality found that the Yugur environmental protection habits from the traditionalnomadic society, which is to point adjust to their natural resources use behavior，Andbecause of its unique national characteristics in this nation can be inherited andcompliance, With a strong sense of identity and belonging in the internal membernation，which is a soft constraint mechanism in the members of national ecologicalenvironmental behavior. However, with the social changes, the state powerintervention in the minority areas, the traditional Yugur customary law ofenvironmental protection has changed, embodied in the "paradox of strength andvulnerability".On the one hand, the core of traditional environmental protection valueof ecological ethics are inherite in national members which with strong binding andstill play a very important role in their production and life activts; On the other hand,with the industrialization, marketization come, Yugur national minority customary lawof environmental protection show incapable of action on modern lifestyle.Therefore, under the background of new era, realize the adjustment of nationallaw and the customary law of ethnic minority，we must deal with three questions:therelationship between the law’s unity and diversity;the nationality and the law’sRational.To make the minority customary law of environmental protection and thenational environmental protection law coordination interaction and development:on the one hand, with customary law of ethnic minority to complement national laws inthe environmental protection function;on the other hand,with the national law tostrengthen the validity of national minority customary law of environmentalprotection to expand the scope of national environment protection habits in modernsociety.