Function Realization Of Tibetan Environmental Customary Law Under Rural Revitalization Strategy

Tibetan environmental customary law is the result of the interaction and harmonious development between traditional culture and local special geographical environment.From the perspective of time and latitude,from the beginning of the "authoritative" era to the modern decline,this process is not the manifestation of the disappearance of Tibetan environmental customary law,but the subjective restraint of national enactment law,so Tibetan environmental customary law is still real and powerful.At present,the enactment law faces many problems,such as the low recognition of the national enactment law in minority areas.The function of Tibetan environmental customary law can make up for the deficiency of national law.At the same time,the strategy of Rural Revitalization requires that ethnic areas pay attention to the construction of rural civilization.Therefore,it is irreplaceable to achieve effective rural governance and inherit excellent traditional legal culture.Among them,the traditional legal culture on environment caters to the essence of the strategy of rural revitalization.However,under the premise of vigorous development of market economy,the contradiction between conscious behavior guided by traditional culture and economic benefits makes the exploitation of abundant forest resources,mineral resources and environmental protection in Tibetan areas inevitably conflict.Consequently,the protection of ecological environment in Tibetan areas needs the joint action of traditional culture and legal norms.Due to the changes of the times,Tibetan environmental customary law is constantly adjusting its content,and its form of expression has also changed from oral transmission to the current text-based state of village rules and regulations,which is more conducive to the operation of Tibetan environmental customary law,but also more in line with the requirements of the times,precisely because of the Tibetan environmental customary law itself.Constantly adjusting urges it to continue to play its role in Tibetan society,and to adjust and construct with national law in practice.Based on the well-known theory of the historical origin and existence of Tibetan environmental customary law,this paper conducts a two-week field survey in two counties of Gannan Tibetan Autonomous Prefecture.Through a visit from November17 to November 29,2018,the author finds that people in Zhuoni and Xiahe areas ofGannan Tibetan Autonomous Prefecture generally use Tibetan environmental customary law to restrain their daily behavior.When disputes occur,the people here generally use Tibetan environmental customary law to resolve contradictions,and then analyze the function of Tibetan environmental customary law in the strategy of Rural Revitalization and the obstacles to the realization of Tibetan environmental customary law function in the strategy of rural revitalization.Finally,the corresponding countermeasures are put forward to alleviate the conflict between part of Tibetan environmental customary law and national law and eliminate urbanization.The process and modernization of rural governance have brought negative impacts on Tibetan environmental customary law,and ultimately achieve good rural governance.