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DOI:10.3969/j.issn.1674-9391.2020.04.003Abstract:This paper attempts to sort out the economic rationale of ethnic minority ecological customary law from the perspective of law and economics, explore the evolution and development of the rules of the ethnic minority system of ecological customary law under the commonality of economic rationale and ethnic cultural traits. And, by doing so, broaden and innovate the research scope and methodology of ethnic minority ecological customary law.
I.Theoretical basis: the hypothesis of the “ecological-economic-person”
The basic hypothesis of the “ecological-economic-person”, as the basis of the research paradigm of law and economics, is an important premise to explain. It is also important to verify the evolutionary process and internal logic of the ecological customary law system of ethnic minorities, which plays an important role in the derivation of the internal logic of law and economics theory. People in the ecological economic system benefit not only from both the economic system and the ecosystem, but also from the coordination of the two. The ecologicaleconomicperson not only pursues the ecological rational value of harmony and symbiosis between humans and nature, but also pursues the economic rationality of maximizing economic benefits(Yao, 2016). The ethnic minorities, who are known as ecologicaleconomic persons, pay attention to the ecological and economic and rational value of their behavioral norms, advocate the organic unity of protecting both the ecological environment and productive forces, and seek a balance between ecological environmental protection and social and economic development. As a phenomenon of consciousness, the economic rationale of the ecological customary law of ethnic minorities is the embodiment of the rational consciousness of the national collective economy, and the common behavioral choices of collective economic rationale made by the economic and psychological accumulation of ethnic groups in the face of the application of rules and norms. The formation of a collective economic rational consciousness is not the simple addition of individual economic rational consciousness, but the process of the accumulation of rational choices by ecological economic conditions. The order of the traditional ecological environment of ethnic minorities, including ecological customary law, is an external treatment because of the economic rationale of individual consciousness and social consciousness of ethnic minorities, which serves the ecological environment and economic protection and social development of ethnic minorities.
I.Theoretical basis: the hypothesis of the “ecological-economic-person”
The basic hypothesis of the “ecological-economic-person”, as the basis of the research paradigm of law and economics, is an important premise to explain. It is also important to verify the evolutionary process and internal logic of the ecological customary law system of ethnic minorities, which plays an important role in the derivation of the internal logic of law and economics theory. People in the ecological economic system benefit not only from both the economic system and the ecosystem, but also from the coordination of the two. The ecologicaleconomicperson not only pursues the ecological rational value of harmony and symbiosis between humans and nature, but also pursues the economic rationality of maximizing economic benefits(Yao, 2016). The ethnic minorities, who are known as ecologicaleconomic persons, pay attention to the ecological and economic and rational value of their behavioral norms, advocate the organic unity of protecting both the ecological environment and productive forces, and seek a balance between ecological environmental protection and social and economic development. As a phenomenon of consciousness, the economic rationale of the ecological customary law of ethnic minorities is the embodiment of the rational consciousness of the national collective economy, and the common behavioral choices of collective economic rationale made by the economic and psychological accumulation of ethnic groups in the face of the application of rules and norms. The formation of a collective economic rational consciousness is not the simple addition of individual economic rational consciousness, but the process of the accumulation of rational choices by ecological economic conditions. The order of the traditional ecological environment of ethnic minorities, including ecological customary law, is an external treatment because of the economic rationale of individual consciousness and social consciousness of ethnic minorities, which serves the ecological environment and economic protection and social development of ethnic minorities.