Study On The Value Of Ecological Environmrnt Protection Of Minority Customary Laws

In accordance with the national characteristics, remote minority areas have been formedtaboo norms within family rooted in religious taboos, nature worship and the gods worship,and the traditionally cultural practices of these peoples have positive influences on breeds ofminorities and the protection of their local ecological environment. Minority customary lawsare their cultural heritages produced during the long-term production and life, and they inheritthe development of national culture and are the paths of development and achievements oftheir national culture. As a historical and cultural legacy, minority customary laws have greatinertia force. They are effective order specification actually existing in China’s modernsociety.Minority people in Yunnan province have established the customary law norms inenvironmental protection, and these norms’ protection and management to the localecosystem can provide us with a mirror, which we learn from a lot. Minority customary law isan important part of customary law, which is different from the national statute, but from thereality of the situation, not only its content does in favor of environmental protection, but alsoits effect is remarkable. In fact, minority customary law and national statute togetherconstitute the diverse legal systems. Therefore, we need to fully exploit the beneficial part ofthe minority customary law related to environmental protection, which can be promoted asmodern ecological environment norms, in order to make up for the lack of national statutes,and discuss the contribution of the customary law widespread in minority areas related tolocal environmental protection to local environmental legal system’s construction.In this article, literature, case studies, the combination of normative and empiricalmethods are taken. In order to draw attention to minority customary law-another resource tosolve environmental problems, this paper makes a progressive study step by step to the minority customary laws in China from five parts. The main content of each part is as follows:First, the research background, purpose and significance of this paper are in the introductionsection, and the research of domestic and outbound scholars are general summarized. Andthen, this study introduces some related theories of customary law on the basis of thesummary of current domestic and foreign researches, and defines the concept of customarylaw and minority customary law, and makes a detailed analysis of the characteristics ofcustomary law and significance of the study, and also points out the close relationshipbetween minority customary law and ecological environment protection, and then analyzesthe function and role of minority customary law to ecological environment protection underthe perspective of modern rule of law through the specification examples of customary law ofLijiang Naxi, Yi and Bai related to environmental protection. Finally, through the analysis ofthe value of minority customary law, this paper points out that minority customary law plays avery positive role in our ecological environment protection, and it intends to analyze and drawthe useful part of the minority customary law and to promote the existing rule of lawconstruction related to ecological environment protection, and it further explores thereference and inspiration of minority customary law to ecological environment protection inlegislative concepts, law enforcement ideas and judicial improvement. This study aims atimproving China’s legal system of ecological environment protection, achieving thecombination of the beneficial parts of minority customary law involved in environmentalprotection and national statutes, in order to improve the legislation system in China.