| The natural taboo that is an important research object in the study of legal history,has played a role of environmental customary law in adjusting the relationships between human and environment as the local resources in the minority areas,which is embodying animistic ecological culture.At the same time,with the progress of the society,many factors have weakened the belief power that supports natural taboos,which is a problem encountered by traditional customary law in the modern rural environmental rule of law.This article takes customary law as the research perspective,takes the natural taboos of the Hani people in Yuanyang Country and Luchun Country on the south bank of the Red River as the research objects,crosses the gap between the primitive society and the modern legal society,and dynamically considers the inheritance and practice of value of customary law on the basis of static microscopic research,in order to think about the way of the rule of law in rural environment.It adopts the field investigation method,literature research method and case analysis method,based on field research,combined with historical literature and Hani oral culture.Around the central question of how the Hani people's natural taboos regulate human relations,the essay gradually answers the questions of the relationship between natural taboos and customary law,the effects of the natural taboos,and how the natural taboo connects with the modern environmental rules of law.Firstly the article states that the origin and evolution of natural taboos.It points out that the natural taboo takes social productive forces as the fundamental restrictive factor and is produced by the animistic religious beliefs.After the budding stage of primitive society,with the completion of the social division of labor,natural taboos gradually formed during the Spring and Autumn Period and Warring States Period,and further developed under the guarantee of the “Guizhu” system in the Sui,Tang and Song Dynasties and the “Tusi” system in the Yuan,Ming,and Qing Dynasties.Secondly,the article analyzes the operation mode of natural taboo.Taking taboos of plants,taboos of animals and taboos of natural gods as the forms of existence,natural taboos balance and regulate the relationship between man and nature for a long period of time under the trinity of the operating system of the people,religious priests and local leaders.Thirdly the article demonstrates the historical value and modern value of the customary law of natural taboos for further.The former reflects the characteristics of the gradually standardization of the natural taboo as the source of law to the customary law.The control of animal instincts,the emergence of restraint mechanisms and the injection of authority constitute the three signs of the transition to customary law.The latter presents a cultural heritage of ecological law.How to maximize the wisdom of the people and continue to regulate the relationship between man and nature in a standardized manner is the way of environmental governance in minority areas.Finally,the article discusses the reasons and countermeasures that natural taboos can transform the rule of law.It is pointed out that the ecological protection village rules and regulations are related to the traditional customary law in the text,and the kind leaders' self-government in the villages is related to the traditional customary law in the operation system.In the construction of modern environmental rule of law,it is necessary to give full play to the cultural soft power of natural taboos,and popularizing village rules and regulations and standardizing the village of Xianzhi village is the proper meaning to realize the connection between traditional customary law and modern customary law.To sum up,the investigation of natural taboos from the perspective of customary law is a retrospect of the resources of the rule of law in the local ecological environment,and it has historical reference value to the rule of law in the rural environment today. |
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