黔东南台江县苗族林权习惯法研究——以阳芳寨为例

On the Customary Law on Forest Property Rights of the Miao Ethnic Group in Taijiang County,Guizou Province——Taking Yangfang Village for Example

台江县既是一个苗族县又是一个林业县。由于林木在当地苗族人的生活中作用重大,为了保护山林权益,他们形成了丰富的林权习惯法资源。这些习惯法集中体现在村规民约当中。林权纠纷是当地村寨最常见的纠纷之一,纠纷解决机制主要是调解,也会偶然用到神明裁判。在林权保护方面,习惯法很好地补充了国家法之不足,但也偶然会有冲突。

Taijiang is a forestry-dependent county mainly inhabited by Miao ethnic group.As forest and timber are an important part of their daily life,they have gradually developed lots of customary laws on forest property right in order to protect the forests.These customary laws are reflected mainly in the village regulations and non-governmental agreements.Disputes over forest property right are among the most common disputes.The mechanism for settling disputes mainly depends on mediation and occasionally on divinities.Customary laws are a complement to the national law,but conflicts still exist between the two.