Analyze on the Legal Subjects of Environmental Protection with Public Trust Doctrine

Abstract

The public trust doctrine is just like a precious stone, which originates from the English law and even the Roman law earlier. And it realizes the limitation on the administrative behavior and the ecological protection in the American environmental protection practice. It is used in more and more occasions, and turns to the jewel shining on the crown of environmental law. The doctrine clarifies that the administrative power is authorized by the public. The settlor is the public, and the government is entrusted. The public as the settlor and beneficiary possess the right to earnings of trust property. As the trustee, the government has the right of managing and disposing the property which bases on protecting the public benefit. Nowadays, the doctrine has turned into an important legal principle aiming at environmental protection. It includes not only the primary obligation to protect environment of the government, but the privilege of the citizen to ask the government for fulfilling its duty. The core of the theory lies in restricting the administrative power and maximizing the public benefit. Most damage caused by the environmental pollution can be avoided by the subjects taking their responsibility actively.