民间规范的表现形式与效力探析——以贵州民族地区环境保护为例

A Probe into the Form and Effects Demonstrated by Local Norm——A case study of the local environment norm in ethnic minority area in Guizhou

从社会发展史考察,在贵州少数民族地区一些珍稀动植物得以保存,除得宜于国家制定法之外,少数民族的生活习俗、习惯法以及神话传说等民间规范对环境保护至今依然发挥着巨大的实际作用。但民间规范的功能有限性,决定它要么被现代法治文明抛弃,要么通过立法的方式获得国家权力的认可,上升为国家制定法保存并施行下去。

In some ethnic minority areas in Guizhou, rare animals and plants can be well protected. This is the result not only from the corresponding national laws, but also from the living style of the ethnic minority people, their customs, and even the myths and legends that they believe. Even today, some are still playing a tremendous effect. However, the function of civil norms is limited. They would either be weakened by modem civilization of laws, or they would be recognized through the legislation authorized by the state power and developed into the law.