Environmental Customary Law And Its Application

Since the reform and opening up, China has promulgated a number of statutes. Ourgovernment try to regulate people’s behavior and maintain the social order through the nationallaws. But in some cases even the court make a judgment based on the statutes, parties cannotrecognized the verdict and the verdict usually cannot be completely resolve conflicts in judicialpractice. The reason for this phenomenon is diverse. There are many real life behavior norms, inaddition to the statutes, there are generations of customary laws. The impact of customary law onthe people is deeply, so we can not ignore them.Prior to the promulgation of a large number of environmental statutes, our country canmaintain relatively good ecological environment, that largely depends on environmentalcustomary law. Meanwhile, to solve environmental problems can not rely solely on the progressof science and technology, complex social problems and rich cultural resources hidden behindthe environmental problems affect the solution of environmental problems.Environmentalcustomary law is a kind of customary law. Environmental customary law adjust the relationshipbetween man and nature and it also resolve environmental disputes between people.Environmental customary law is formed in people’s production and life practice. It is a truereflection of people’s environmental needs. China is vast that it is5200kilometers form the eastto west,5500kilometers from the north to south. Environmental customary law can take intoaccount unique environmental problems of the different area’s，resolve environmental disputeseffectively and make up for the loophole of environmental law. Environmental customary lawalso has disadvantages such as unwritten and fragmentation nature，that limit the scope of itsapplication. The environment customary law is also facing various problems in judicialproceedings. To resolve the plight of the environment customary law, firstly we ought to study onthe basis of the environment customary law, and then integrate environmental customary law, soas to lay a solid foundation for the running of environmental customary law.This article consists four parts.The first part:The basic theory of environmental customary law. Customary law is a broaderconcept than environmental customary law.Customary law is defined as the code of conductionthat independents of the statute, formed in a certain area of life and production and the socialauthority and social organizations implement actions to protect specification.Environmental customary law refers to the the code of conduction that independents of environmentalstatutes,formed in a certain area of life and production, related by social authority and socialorganizations ensure the implementation.Environmental customary law has characteristics oftradition, simplicity, mandatory, regional and informal procedural norms. Ethnic customs andpacts is the main form of expression.The second part: The rationality of running environment customary law.In practiceprimarily environmental statute adjustments environment using the relationship and maintainsthe social order. But because of environmental statutes has some shortcomings like uncertaintyand hysteresis,environmental customary law makes up for the limitations of environmentalstatute.At the same time, the operating of environment customary law also has great practicalsignificance, maintains social order and protects the ecological environment, is conducive topromoting harmonious justice and maintaining local characteristics of national statutes.The third part: Running status analysis of the environment customary law.There are tworunning modes of the environment customary law. Before reform and opening up, patriarch isthe body who maintain running environment customary law and national power almost did notinvolve. After reform and opening up，villagers’ committees are in close contact with the localpeople, when dealing with public affairs they gradually apply environment customary law.Courtdirectly or indirectly use environmental customary law, to some extent, to avoid the questionsthat bring by stiff applicable of environmental statute.Of course, the environment customary lawin the operation is also facing some problems.The forth part: Measures to improve the running mechanism of the environmentalcustomary law. Firstly make sure that environmental customary law can be a clear source oflaw.Then compiling environment customary law, including the process of collecting, editingenvironment customary law.At last improving jurisdictions applicable procedures ofenvironmental customary law,improving the quality of judges and perfect Dispute SettlementMechanism.