Research On Public Trust Doctrine

Today during our country's aggressive process of formulating the Law Relating to Rights over Things people may have overlooked this subtle issue: the"Objects,"which are traditionally defined within the objective scope of the ownership, may actually possess totally different natures: some types of the objects follow the civil law theory of fair transaction and free market, whereas others types, under certain circumstances, are either unable to fall under the absolute ownership of individuals, or their owners cannot exclude the use of these objects by the general public. For the time being, the traditional civil law still lacks the theory and practice of adjusting the social relationships in this domain. On the other hand, the emerging law of environment and resources, in its infancy of forming a unified and complete system, can hardly carry out this mission. In an effort to discover the logical breakthrough point to formulate and enhance the structure of the theories of the law of environment and resources, the author of this article performed systematic analysis on the"Public Trust Doctrine,"which has existed for over hundred years in Anglo-American law system. This thesis can be divided into six chapters.