Systematic Analysis Of Ebony's Nature,Culture And Legal Attributes

With the increase of the market value of the ebony,disputes in the “ebony case”occurred from time to time.However,there is a lack of judgment on the ownership of ebony in our laws,causing different results for similar cases and suspicions of local government for scrambling interests with people and selective enforcement.Therefore,it is of great significance in theory and practice for the study on the attribution of ebony.At present,most researches on the attribution problem of ebony are carried out only from the perspective of law,lacking in the analysis and research on the natural and cultural attributes of ebony and lacking in the in-depth understanding of the value of ebony,which may cause some one-sidedness results.In order to define the legal attributes of ebony scientifically and solve the disputes of the“ebony case”,the different perspectives of the legal attributes of ebony in the law field are selected as entry points in this work.The natural,cultural and legal attributes of ebony have been investigated comprehensively and systematically.And a basic understanding of the attribution of human resources utilization natural resources represented by ebony has been formed.Firstly,Marxist material view holds that the origin of the world is material.The material determines consciousness,and the consciousness depends on material,and the consciousness is the reflection of the objective material.The material attribute,i.e.the natural attribute,is the objective existence.The cultural attribute and the legal attribute should belong to the category of subjective cognition.Therefore,the natural attribute of ebony is the basis of the cultural attribute and the legal attribute.In this paper,we studied and defined the natural attributes of ebony from the aspects of cause of formation,identification and physical and chemical properties.The formation process and mechanism of ebony can be understood deeply by investigating the natural attributes of ebony,which is helpful to clarify that what ebony is or what wood can be called ebony and what properties ebony should have,and thus to distinguish the Ebony(Sunken wood)from the Ebony in a narrow sense.It is expected to lay a scientific and reliable foundation for judging its legal attribute.Secondly,according to the fact that the ebony not only has outstanding universal natural and scientific value,but also has excellent universal aesthetic and historical and cultural value,the ebony is defined as a natural and cultural heritage,and it is proposed that the ebony,as a natural and cultural heritage,should contain the levels of both intrinsic value and utilitarian value.This paper analyzes the intrinsic value of ebony from its traditional cultural value,ecological aesthetic value and life community value,as well as its utilitarian value from three aspects of education,politics and economic function.As for the intrinsic value,ebony culture,as an important part of Chinese traditional culture,which contains the idea of “the unity of man and nature”,playing an important role in promoting the development of Chinese society.The main reason why ebony is popular is to discuss its heavy cultural attribute.Finally,(1)on the basis of clarifying the natural and cultural attributes of ebony,this paper discusses the legal attributes of ebony,and puts forward the view that ebony belongs to natural resources according to the principle of “wood goes everywhere”,dividing this kind of natural resource into human use natural resources,and suggesting a special management for this kind of natural resource.(2)Aiming at the ecological environment damage caused by ebony excavation,guide people to firmly establish the ecological civilization concept of Green mountains and clear water are equal to mountains of gold and silver.In order to make people's attitude towards ebony return to rationality,putting forward corresponding suggestions from the perspective of government,society and individuals.(3)This paper discusses the initial path of the legal system construction of the natural resources of humanity utilization.These basic theoretical researches of science and law provide innovative ideas for the specific legal system construction.Based on the particularity of this kind of natural resource,this paper puts forward the necessity of special management for this kind of resource from the perspective of Marxism on the basis of determining that “wood goes everywhere” and ebony belonging to “natural resources”.Meanwhile,this paper raises the point that we should adhere to the guidance of Marxist theory for the special management of humanistic natural sourcesrepresented by ebony,and should take full consideration of the respect for personal value with insisting on fairness and justice to realize the free and all-round development of human beings,and further to promote the construction of a harmonious society.