Study Of Land Contractual Management Trust System

The right to land contractual management trust system is an important form ofrural land circulation. Farmers through the land use right enjoyed by the trust to thespecific economic subject of scale management. Trust in the process of right to thecontracted management of land still belongs to the farmers and trust in the process ofright to the contracted management of land still belongs to the farmers. After thetermination of trust relations， farmers can still have the full right to the contractedmanagement of land. Break through the right to the contracted management of landtrust system originally the boundaries of administrative areas， implements the land inthe transfer of larger， more wide scope， is conducive to the formation of the nationalland circulation market， realizing the maximization of land economic benefit. Intendsto create a perfect right to the contracted management of land trust system， andhaving the realistic operability is firstly established to explore the feasibility of thesystem of right to the contracted management of land trust. At the same time to clearthe composition of the right to the contracted management of land trust system andperfect supporting system of the right to the contracted management of land trust. Needmore in the process of research using the method of comparative analysis andempirical analysis method to an argument， but also involves the historical analysisand text analysis method， efforts to build a perfect system of right to the contractedmanagement of land trust.Along with the development of the economy，there is a right to the contractedmanagement of land circulation in designing level restrictions. People are still inpractice constantly innovating to speed up the right to the contracted management ofland circulation. In practice， regulate the circulation of right to the contracted management of land circulation of legislation and the way with some shortcomings anddeficiencies， mainly involving the interests of the conflict between legislation and thecentral and local game and so on. Establishing an effective and scientific to thecontracted management of rural land circulation system play an important role insolving the above problems. Adapt to the needs of practice， right to the contractedmanagement of land trust system arises at the historic moment. In the system of rightto the contracted management of land trust factors contribute to achieving land valuemaintained and added. At the same time can also help curb land pasturelandphenomenon.Land trust system of Anglo-American law system of our country have certainreference significance of right to the contracted management of land circulation. Itconsiders the trust property ownership of a duality， both belong to the nature of theprincipal in the sense of ownership， and belong to the nominal ownership of thetrustee. When to construct the related to the contracted management of land circulationsystem， it should see in the existing legal regulation mode， and inner contradictionsexist in the law. It is embodied in the law and itself is not reasonable， and reflected inThe upper law and Lower level law and contradictions and conflicts existing betweenadjacent method. So， in the innovation to the contracted management of landcirculation mode， from the legal regulating of the inner and outer social environmenttwo aspects to perfect. On the one hand to cope with the current legal regulation rightto the contracted management of land circulation to comb， straighten out therelationship between different legal; On the other hand should be considered andperfecting the tax and fee collection， social security， land registration and otherrelated supporting system. Establishment of circulation of right to the contractedmanagement of land trust in our practice of our country’s right to the contractedmanagement of land circulation market can effectively integrate， but also have stronginstitutional advantages and institutional basis.From the legal construction， right to the contracted management of land trustsystem is the right to the contracted management of land system combined with trust legal system. Unlike general trust relationship， right to the contracted management ofland trust system， usually the trustor and the beneficiary the same person. Right to thecontracted management of land trust system is essentially in ensure that belongs to thecollective land ownership and land uses under the premise of constant to land trust as amiddleman， right to the contracted management of land as a client， would becontracted land use rights within a certain period of the economic subject of the trust toa trustee subject qualification， the trustee shall， according to the contractedmanagement of land the will of people in its own name to manage or dispose ofcontracted land use rights， so that the land benefit is enjoyed by the trustor or thebeneficiary designated by the trustor， the trustee for a reward. In the contractedmanagement of land trust system compared with other right to the contractedmanagement of land circulation mode， it has particularity of the trust property， andthe contracted land use rights rather than ownership. Trust in the process of the client isnot the ownership of farmland， the trustee may be the collective and members mayalso be other economic main body， and in the name of their independence to manageor dispose of trust of land， land trust period shall not exceed the duration of the rightto the contracted management of land， nor trust of land use change.Right to the contracted management of land trust program is an integral part of theother loop in the registration procedures， namely for the purpose of the third person’sinterests protection， clear the independence of the trust property， determine thescope of the trust property by the trustee and the trustee to apply to the administrativedepartments of the local government at or above the county level land put forward themanagement of the trust registration， conducted by the department for the transferregistration and indicate the word "trust"， as the form of the trust transfer foreignpublic. Right to the contracted management of land trust registration is mainlyproduced the effectiveness of the approval， the effectiveness of the public， theeffectiveness of the contract comes into force， to ensure the independence of the trustproperty. In the process of registration， the entrusted people as primary obligor， thetrustee for the obligee. Commissioned for principal applicant， the trustee for assisted the applicant.Naturally，Land trust is not a system of stand-alone complex. Firstly，Land trustsystem in our country belongs to new things， it does not know much of its farmers，but so far， in the development of our country is not perfect， as a client for farmers inthe circulation system of the right to use land trust rights and the obligations stipulatedby the legislation on still blurred. So，as a kind of public welfare of intermediaryservice agencies to perform the service function of land trust intermediary， for bothsides of the trustor and the trustee of the trust of land trust， communication provides aconvenient conditions. Secondly， the establishment of land trust fund is of gravesignificance to resolve the dilemma in which it is hardly possible for the parties to raisethe fund as prerequisite to the agricultural enterprise both solely by individual effortsor with governmental subsidy， and in the meanwhile functions as institutional supportfor the development of land. Thirdly，to construct the system of right to the contractedmanagement of land trust at the same time， also attaches great importance to theprotection for the interests of the client. The client is the most critical in the land trustlegal relation， to protect the interests of the principal will help land trust marketprosperity. Investor protection principle is consistent with the modern financialmarket， only in the land trust for effective protection of the interests of the principal，such trust market， trust is the basis and premise of existence. Of the trust contractconclude about the establishment of the trust relationship，for the people on both sidesof the trust relationship is of great importance.Right to the contracted management of rural land property rights is the needs ofthe reality of rural land in our country. It can better safeguard the economic benefits ofland， the land resources to more optimize configuration， really prompted farmerstogether with the interests of the land. Farmland benefit into full play. Will inevitablyexist in the contracted management of land circulation of public interests and collectiveinterests and personal interests of parties to conflicts of interest， in front of differentinterests and conflict. We must strive to achieve between the interests of theharmonious and unified，according to different value target，the choice of different interest levels in order to promote the development of rural economy， to ensure thatthe rural social stability and harmony.