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在依法治国和建设社会主义新农村的时代背景下,构建农村环境法治秩序是解决农村环境问题的必然选择。但在我国农村环境法治建设的过程中,还要吸收农村固有的习惯、传统,从而使国家制定法与农村传统习俗相融合,构建符合我国农村现状的环境法治制度。环境习惯法是历史的产物,它的作用不会因为国家法的扩张而萎缩,也不会被国家法取代。所以国家制定法与环境习惯法并不是此消彼长的关系,而是和谐相处、共同发展的关系。
Under the background of governing the country according to law and building a new socialist countryside, constructing the order of the rule of law in rural environment is an inevitable choice to solve the rural environmental problems. However, in the process of constructing the legal environment of rural environment in our country, we must also absorb the inherent habits and traditions of the rural areas so that the national statutory law and rural traditional customs can be integrated and the environmental legal system conforming to the present conditions of rural areas in our country can be constructed. Environmental customary law is a product of history, its role will not be reduced because of the expansion of state law, will not be replaced by state law. Therefore, the formulation of law and environmental customary law in the country is not a reciprocal relationship, but a harmonious and co-development relationship.