Research On The Environmental Customary Law Of The Dong In Guizhou,hunan And Guangxi

The birth of the Dong minority's environmental custom law stems from its special ecological environment and national culture.The junction of the three provinces of Fujian,Hunan and Guangxi is a concentrated area of the Dong nationality.It is so mountainous and is rich in forests,water and animal resources,which provide a realistic basis for the Dong to protect the environment.At the same time,the belief culture of nature worship and the system culture provide the ideological foundation and organizational foundation for the generation of environmental customary law.Because the primitive social Dong people did not have written language,the expressions of their environmental customary laws were mainly custom taboos,oral slogans and stone methods.Until the Chinese characters were introduced into the sputum area,the Statutory law appeared,mainly as “Kuan shu” and “monument” in Dong slang recorded by Chinese characters.There are a lot of tablets of law terms including many regulations for environmental protection in the village,mainly focusing on the forests and water sources.Among them,the classification protection system,the prohibition of illegal logging,the burning of wood,the afforestation system,the forest protection system,and the forest protection are also passed.The forest land boundary ownership,rational harvesting system,the ban on abandoned forest land system and the replanting system are used to regulate the use of forests;the content of water sources is mainly about the protection of drinking water sources and the utilization of farmland irrigation."The vitality of the law lies in its implementation,and the authority of the law lies in its implementation." In order to ensure the smooth implementation of the statute,the formulators have stipulated a punishment system toward environmental damage.The organization and the old village are supervised and implemented,and the Dong society can also be good.Environmental awareness is continuously passed down through environmental customary laws.As the relationship between the Dong society and the outside world has gradually increased,the influence of the law on the traditional Dong minority's customary law has become more and more deep,and its form has gradually developed into a new type of village regulation.This paper collects the modern village regulations of Dong minority.And organize its contents,and found that the village regulations have absorbed a lot of new things and sublated the traditional Dong's environmental customary laws,such as inheriting the prohibition of illegal logging,deforestation,protecting Fengshui forest,scenic forest,and afforestation,protecting drinking water sources,irrigation of water,etc..Added some new things,such as forest fire prevention regulations,collection and treatment of domestic garbage,and modern land management.Therefore,the Dong minority's environmental customary law still has its modern value in modern society.The main performances are as follows: First,the concept of environmental protection in the production and life of the Dong minority's ancestors are tally with the concept of modern environmental legislation,such as the principle of protection priority and public participation,And there is a common environmental protection system.Second,in dispute resolution,the Dong minority's environmental customary law can participate in judicial decisions as a small premise,and can also resolve disputes through mediation functions outside the litigation.Through the interaction of two levels,we can find the conflict between the environmental customary law of the Dong minority's environmental customary law and the national statute law,and seek the interaction status of the two,and realize the cooperation and complementarity between the legislation and the dispute resolution: From the legislative point of view,the national statute law should absorb the excellent parts of the environmental customary law,and at the same time give it a certain living space.From the point of view of dispute resolution,the advantages and disadvantages of the Dong national environmental customary law and the national statute law should be clarified,complementing and promoting the diversification of dispute resolution methods.