Journal of Jishou University(Social Sciences)

• Ecological and Environmental Protection Forum • Previous Articles     Next Articles

The Legal Mechanism of Multiple Protection of Biodiversity in Minority Areas

WEI Xiaoxin LI Qijia   

  1. (School of Law,Wuhan University,Wuhan 430072,China;School of Politics and Law,Leshan Normal University,Leshan 614004,China)
  • Online:2017-01-01 Published:2017-01-16

Abstract: The single or decentralized mechanism of biodiversity protection in minority areas can not meet the requirement of protection.In order to construct the multiple mechanism,we must attach importance to the traditional knowledge,the representative of which is customary law,religion and so on ,especially the traditional ecological knowledge,or local knowledge which is called by sociology .The specific contents are as following.The first and foremost,it is the aspect of the national law,we must enact the law system with the basic law of biodiversity conservation,strengthening the local legislation in minority areas at the same time;Secondly,it is the aspect of strengthening the connection between national law,customary law and religion,which includes the strengthen of the connection between national law and customary law,such as the village committee organization law,the confirmation of the national law to the effect of customary law,if the things that can not be resolved by customary law and religion,relying on the national law;Last but not least,the civil protection mechanism and the religious protection mechanism need to play a role continuing,not relying solely on state protection mechanism.Only in this way,can the multiple mechanism be established,including the state protection system with the representative of national park,the religious protection system with the representative of natural sanctuary and the civil protection system with the main norm of customary law in secular and so on.

Key words: minority areas, biodiversity, traditional knowledge, national park, national law, customary law, religion, multiple protection

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