On The Customary Use Of Natural Resources

The customary use of natural resources is based on the dependence of people 's production and life on natural resources.It is generated when the national law leaves a blank on the use of natural resources and out of respect for the autonomous order of natural resources.At present,the habitual use of natural resources is more common in rural areas and resource-dependent areas,and conflicts may arise in the actual order of use between itself and the permitted use.The reason for this status quo is mainly due to the unclear basic theory of the habitual use of natural resources and the lack of a normative mechanism for order resolution of conflicts.As far as the basic theory of habitual use of natural resources is concerned,it should be clarified from the nature,scope of subject and object,and the boundary with other uses.The nature of customary use is reflected in its existence based on specific facts,recognized by law,and the purpose of use is to make up for people's survival.The scope of the subject used habitually should be limited to individuals who need to use natural resources in a specific area to make up for the needs of survival on the basis of meeting the subject-defined standards.The range of objects used habitually should be a small amount of natural resources that are not prohibited by law and have a close relationship with the subject of use,and should also be non-specific and scarce natural resources.As far as the construction of a normative mechanism for the use of natural resources to resolve conflicts is used,when there is a conflict between the use of natural resources and the permitted use,in the case where the two can coexist,for the purpose of ensuring survival,the use order should be used in a customary manner Priority,customary use should be compensated when they cannot coexist;when there is a conflict between customary use,it is difficult to distinguish which customary use should be given priority protection because it also uses natural resources to make up for survival needs,so it should be based on fairness,justice and substance In the concept of equality,the subject of habitual use first negotiates and uses natural resources in turn,and when the negotiation fails,the habitual use of common resources is carried out.