It is generally believed that in a country, environmental elements such as water, air, and air are the common property of all citizens. **Entrusted by the people to manage it. At the same time, the right of national action is also entrusted. Once the above-mentioned property is infringed, the state has the obligation to protect the national property from damage, and the theoretical basis for this is mainly the litigation trust theory in the public trust theory. However, Professor Li Bingqiang believes that the public trust theory cannot become the cornerstone of the theoretical edifice of environmental law, and it is difficult to take on the responsibility of protecting the environment and alleviating the resource crisis. His Critique of Public Trust Theory (Law Press, 2017) won the second prize of the "China Law Outstanding Achievement Award".
The book "Critique of Public Trust Theory" mainly describes the historical development, connotation, function and role of public trust theory, as well as a comprehensive critique of it.
First of all, the book sorts out the historical development of public trust theory, and explains its origin and evolution. The theory of public trust originated in Roman law, and was further developed in English common law and introduced to the United States, becoming an important theory in the field of environment and resource protection.
Secondly, the connotation of public trust theory is defined, and its function and role in the field of environment and resource protection are analyzed. The core of the public trust theory is to establish a trust contract between the public and the public through abstract legal fiction, aiming to manage and protect the environment and natural resources.
However, the book also provides a comprehensive critique of the theory of public trust from two aspects: internal structure and external function. In terms of internal structure, the theory of public trust has defects such as hegemony, anti-democracy, uneconomy and narrowness. In terms of external functions, the theory of public trust cannot become the cornerstone of the edifice of environmental law theory, and it is difficult to take on the responsibility of protecting the environment and alleviating the resource crisis.
Finally, the book argues that the theoretical cornerstone of environmental law is not rights, but obligations. All subjects have an inescapable obligation to the only planetary environment on which we depend for survival and development. This is the only way to solve environmental problems, and it is also an inevitable choice for the development of environmental law theory.
By criticizing the theory of public trust, it is helpful to scientifically understand its true face and correctly understand its value and function. It is of positive significance to clarify the major misunderstandings in the theoretical understanding of environmental resources law and scientifically construct the theory and system of environmental and resource protection.