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Influence and Function of the Customary Law of Ethnic Minorities on Environmental Protection

Received: 29 July 2021    Accepted: 25 August 2021    Published: 31 August 2021
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Abstract

Customary law of ethnic minorities is recognized by ethnic groups with the same geographical and cultural environment, and formed through long-term practice in their social life. Most Chinese Customary Law of Ethnic Minorities had the tradition of natural worship activities, which originate from the worship of the natural, such as the heaven and the earth, landscape, animals, and plants, this has been provided the foundation for environmental protection. In order to further understand the function of corresponding law on environment, this study try to analyze the environmental protection significance by the customary law of ethnic minorities in consideration of the ancient environmental protection thought and the modern environmental protection case. The ideas from ancient Chinese philosopher has been introduced, and the regulation in ancient meteorites were analyzed. Then three kinds of minorities in China, such as Gelao nationality in Guizhou, Ganzi Tibetan, Jing minority, were described. For Gelao, their worship and respect for forest and mountain helped them to protect the natural resource. While for Ganzi Tibetan, they have holy mountains and rivers and formed many taboos and living customs to protect natural resources and animal resources due to their awe and respect for nature. These behavior surly helped to protect the environment. Jing minorities lived in the sea for long time, their belief for god of sea and mountain had helped them to protect the environment by a variety of methods such as village regulation, family words, as well as festival celebration. Then the roles of customary laws on environmental protection were discussed. The concept of “all things have spirit” inside customary law helped the local people for implementation of the laws, also benefited for the law legislation.

Published in International Journal of Environmental Protection and Policy (Volume 9, Issue 4)
DOI 10.11648/j.ijepp.20210904.13
Page(s) 86-90
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Ethnic Minority, Nature Worship, Environmental Protection, Customary Law

References
[1] QIAO Shiming. Research on the Construction of Ecological Legal System in Minority Areas [M]. Beijing: CHINA MINZU UNIVERSITY PRESS, 2009.
[2] GAO Qicai. Chinese Customary Law (Revised Edition) [M]. Beijing: China Legal Publishing House, 2008.
[3] GAO Qicai. Research on the Customary Law of Chinese Minority Nationalities [M]. Beijing: Tsinghua University Press, 2003.
[4] LIU Yigong, SHEN Wei. On the Environmental Protection Customary Law of China's Ethnic Minorities [J]. Science Economy Society: 2007, (04).
[5] YUAN Lihui. An Investigation on the Humanistic Value of the Gelao People's Worship of Ancient Trees [J]. REFORM & OPENING, 2012 (8).
[6] ZHANG Xiaohui, et al. Gelao-Investigation in Hongfeng Village, Dafang County, Guizhou [M]. Kunming: Yunnan University Press, 2004.
[7] XIE Ailin. A Centennial Record of Gelao People [M]. Beijing: Chinese Literature and History Publishing House, 2008.
[8] Tashi Caicuo. A Preliminary Analysis of Tibetan Ecological Customary Law [D]. Beijing: Minzu University of China, 2012.
[9] MA Xiaoqin, YANG Deliang. Local Knowledge and Regional Ecological Environment Protection-Taking the Customary Law of Qinghai Tibetan Area as a Case [J]. Qinghai Social Sciences, 2006 (2).
[10] LI lei. Tibetan Customary Law of Environmental Protection in Tibet [D]. Lhasa: Tibet University, 2016.
[11] WANG Xiao-long. Customary Laws from Ethnic Religious Activities and the Roles in Harmonious Society Construction: Taking the Customary Laws from the Ha Festival of the Jing as a Case [J]. Journal of Original Ecological National Culture, 2011: 3 (3).
[12] An elderly Jing nationality in Dongxing, Guangxi guarding the egret for 55 years [EB/ OL].(2015- 10- 10) [2018-01-26]. http://www.chinadaily.com.cn/micro-reading/dzh/2015-10-10/content_1424431.html.
[13] LIU Yanling. The Practical Value of Ecological Rule of Law of the Environmental Customary Law for Southwest Minorities [J]. Heilongjiang National Series, 2016 (4).
[14] Li Huang, Lijuan Tian, Lihua Zhou et al., Local cultural beliefs and practices promote conservation of large old trees in an ethnic minority region in southwestern China, Urban Forestry & Urban Greening. 2020, 49 126584.
[15] Anthwal, A., Gupta, N., Sharma, A., Anthwal, S., Kim, K. H., 2010. Conserving biodiversity through traditional beliefs in sacred groves in Uttarakhand Himalaya, India. Resour. Conserv. Recycl. 54 (11), 962–971.
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  • APA Style

    Hongqing Ma. (2021). Influence and Function of the Customary Law of Ethnic Minorities on Environmental Protection. International Journal of Environmental Protection and Policy, 9(4), 86-90. https://doi.org/10.11648/j.ijepp.20210904.13

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    ACS Style

    Hongqing Ma. Influence and Function of the Customary Law of Ethnic Minorities on Environmental Protection. Int. J. Environ. Prot. Policy 2021, 9(4), 86-90. doi: 10.11648/j.ijepp.20210904.13

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    AMA Style

    Hongqing Ma. Influence and Function of the Customary Law of Ethnic Minorities on Environmental Protection. Int J Environ Prot Policy. 2021;9(4):86-90. doi: 10.11648/j.ijepp.20210904.13

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  • @article{10.11648/j.ijepp.20210904.13,
      author = {Hongqing Ma},
      title = {Influence and Function of the Customary Law of Ethnic Minorities on Environmental Protection},
      journal = {International Journal of Environmental Protection and Policy},
      volume = {9},
      number = {4},
      pages = {86-90},
      doi = {10.11648/j.ijepp.20210904.13},
      url = {https://doi.org/10.11648/j.ijepp.20210904.13},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijepp.20210904.13},
      abstract = {Customary law of ethnic minorities is recognized by ethnic groups with the same geographical and cultural environment, and formed through long-term practice in their social life. Most Chinese Customary Law of Ethnic Minorities had the tradition of natural worship activities, which originate from the worship of the natural, such as the heaven and the earth, landscape, animals, and plants, this has been provided the foundation for environmental protection. In order to further understand the function of corresponding law on environment, this study try to analyze the environmental protection significance by the customary law of ethnic minorities in consideration of the ancient environmental protection thought and the modern environmental protection case. The ideas from ancient Chinese philosopher has been introduced, and the regulation in ancient meteorites were analyzed. Then three kinds of minorities in China, such as Gelao nationality in Guizhou, Ganzi Tibetan, Jing minority, were described. For Gelao, their worship and respect for forest and mountain helped them to protect the natural resource. While for Ganzi Tibetan, they have holy mountains and rivers and formed many taboos and living customs to protect natural resources and animal resources due to their awe and respect for nature. These behavior surly helped to protect the environment. Jing minorities lived in the sea for long time, their belief for god of sea and mountain had helped them to protect the environment by a variety of methods such as village regulation, family words, as well as festival celebration. Then the roles of customary laws on environmental protection were discussed. The concept of “all things have spirit” inside customary law helped the local people for implementation of the laws, also benefited for the law legislation.},
     year = {2021}
    }
    

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    AU  - Hongqing Ma
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    T2  - International Journal of Environmental Protection and Policy
    JF  - International Journal of Environmental Protection and Policy
    JO  - International Journal of Environmental Protection and Policy
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    UR  - https://doi.org/10.11648/j.ijepp.20210904.13
    AB  - Customary law of ethnic minorities is recognized by ethnic groups with the same geographical and cultural environment, and formed through long-term practice in their social life. Most Chinese Customary Law of Ethnic Minorities had the tradition of natural worship activities, which originate from the worship of the natural, such as the heaven and the earth, landscape, animals, and plants, this has been provided the foundation for environmental protection. In order to further understand the function of corresponding law on environment, this study try to analyze the environmental protection significance by the customary law of ethnic minorities in consideration of the ancient environmental protection thought and the modern environmental protection case. The ideas from ancient Chinese philosopher has been introduced, and the regulation in ancient meteorites were analyzed. Then three kinds of minorities in China, such as Gelao nationality in Guizhou, Ganzi Tibetan, Jing minority, were described. For Gelao, their worship and respect for forest and mountain helped them to protect the natural resource. While for Ganzi Tibetan, they have holy mountains and rivers and formed many taboos and living customs to protect natural resources and animal resources due to their awe and respect for nature. These behavior surly helped to protect the environment. Jing minorities lived in the sea for long time, their belief for god of sea and mountain had helped them to protect the environment by a variety of methods such as village regulation, family words, as well as festival celebration. Then the roles of customary laws on environmental protection were discussed. The concept of “all things have spirit” inside customary law helped the local people for implementation of the laws, also benefited for the law legislation.
    VL  - 9
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Author Information
  • Law School, China University of Political Science and Law, Beijing, China

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