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《Legal Forum》 2018-06
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Ecological and Environmental Damage Actions from the Perspective of Public Trust Theory: A Two-dimension Theoretical Framework of Natural Resources State Ownership and Public Trust Environmental Rights and Interests

WANG Xiaogang;Law School,Jilin University;  
The theory of public trust derives from the concept of Res Communes in ancient Roman law. The theory consists of three core elements: public trust natural resources,public trust environmental rights and interests,and governmental duty on public trust. There is a two-dimension structure of natural resources state ownership and public trust environmental rights and interests in the ecological and environmental damage action. The standing of the ecological and environmental damage action which aims at protecting public trust environmental rights and interests derives from the principle of natural resources state ownership. Local governments can only initiate an ecological and environmental damage action concerning state-owned natural resources. Moreover,local governments initiating an ecological and environmental damage action do not necessarily preclude social organizations bringing a public interest environmental civil lawsuit.
【Fund】: 国家社科基金重大项目《基于风险的环境治理多元共治体系研究》(15ZDC031)的阶段性成果
【CateGory Index】: D922.68
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