Research On The Legal Institutions Of Rural Land Trust Property Rights In China

The circulation of rural land management right is one of the core problems in China's rural economic s ystem reform.As an institutional innovation of the circulation of rural land management right,the trust s ystem of rural land management right(hereinafter referred to as Rural La nd Trust)plays an important part in improving the efficiency of agricultural production,increasing farmers' income and promoting urbanization in rural areas.However,China's current legal systems of rural land propert y rights hinder the development of R ural Land Trust.An important idea to solve the institutional barriers,is to establish a rural land trust propert y right legal s ystem in accordance with economic and legal objective rules.Based on the reality of China's Rural Land Trust,the paper applies related theories and methods covering propert y law,land law,trust law as well as law and economics.Comparing Land Trust experience from home and abroad,the paper anal yses the necessit y and feasibilit y of the construction and improvement of Rural Land Trust propert y right institutional s ystem,mainl y from the prospective of the subject,object,content,registration and protection of Rural Land Trust propert y right.The paper is divided into six chapters.Chapter Oneis the introduction,introducing the background and significance of the topic,status of domestic research,defining the basic concepts of the paper.In addition,it also introduces the research methods,writing structure,main content and the possible innovation of the paper.Chapter Twois the relevant theory and literature review,mainl y to comb the theoretical basis of the research on trust theory,summarizes the relevant stud y of rural land trust literature at home and abroad,the existing literature are discussed,and put forward in this paper the research angle of view and the object.Chapter Three is an exploration into the concept of Rural Land Trust propert y right.It defines the connotation and extension of Rural Land Trust propert y right from the aspects of the nature and characteri stics of Rural Land Trust propert y right.Chapter Four is a discussion of the subject of Rural Land Trust propert y right in China.It anal yses the institutional establishment of the t ypes and status of the subjects of the Rural Land Trust propert y right from the aspects of the definition and qualification of three t ypes of subjects involved in the relation of Rural Land Trust,which are trustor,trus tee and beneficiary.Chapter Five is an exploration of the object and content of the Rural Land Trust propert y right in China.It anal yses the institutional construction of the objects and contents of the Rural Land Trust propert y right,mainl y from the pe rspectives of the definition of the nature of Rural Land Propert y,as well as the propert y rights and obligations of the trustor,trustee and beneficiary during the process of Rural Land Trust.Chapter Six is a discussion of the registration of the Rural L and Trust propert y right in China.It analyses the institutional establishment of the registration of the Rural Land Trust propert y right mainl y from the aspects of the significance,characteristics,authority,content,legal validit y and procedure of the registration of the Rural Land Trust propert y right.Chapter Seven discusses the remedies of Rural Land Trust propert y right in China.It explores the institutional construction of the remedies of Rural Land Trust propert y right,from the perspectives of t he significance,characteristics,exercise of claims,private relief and public relief of the remedies of Rural Land Trust propert y right.The conclusion part points out the main ideas of the institutional construction of Rural Land Trust propert y right in China.It also listed present existing deficiencies of the paper and the remaining key problems and issues for further research.It should be noted that the rural land can be defined as agricultural land.China's current legal definitions of rural land and agricultural land are inconsistent.According to Land Administration Law,"land for farm use" refers to land directl y used for agricultural production,including cultivated land,wooded land,grassland,land for farmland water conservancy and water surfaces for breeding.While according to Law of the People's Republic of China on the Contracting of Rural Land,“Rural land” refers to cultivated land,forestry land,grassland,and land for other agricultural uses owned b y collectives or the State and exploited by agricultural economic collectives.The word “Rural Land” in our paper refers to land directl y used for agricultural producti on when we are stud ying the problem of Rural Land Trust propert y right.