The Modern Reform Of Trusts Of Land In The U.K.

The legal system of trusts of land plays an important role in the Anglo-American law system and the economic and social development of Britain.The legal system of trusts of land in England is the source of modern trust law,which establishes the basic model of modern trust law,especially family trust.The legal system of trusts of land in Britain is an important part of the property law,land law and trust law in Britain,and the most important legal system of land inheritance and land common ownership.The reform of the legal system of land trust in the UK has had a profound impact on the economic and social development of the UK,including the British agricultural operation model,land ownership model,women's and children's rights protection and the liberation of human resources.At present,the research on the legal system of trusts of land in Britain in Chinese literature is not enough,and many aspects are still in the initial stage,so that there are some deficiencies or even misunderstandings in the understanding of the legal system of trusts of land,the property law and the land law in Britain.Due to the difference of the concept of legal system and for researchers in continental law system,if only to discuss the present situation of the modern legal system of trusts of land literature,is easy to fall into the fog and can't understand why it is like this,can't understand its system function and the legislative spirit,is not easy to establish the mainland legal system and British land law,property law,property law procedure of communication channels and Bridges.Based on the above reasons,the author discusses the modern reform of the trusts of land law,the purpose is for domestic research in this respect to supplement the deficiency of the research,the deep understanding of the British land law,property law,the trust foundation,for our rural land reform,land law,property law,trust law of the research and practice to provide some useful materials.The basic clue of this paper is: background,prologue,achievement,revision,summary and inspiration of modern reform.This paper first examines the background of the modern legislative reform of the legal system of trusts of land in England: trusts of land has become an obstacle to the effective use and free trade of land.Only by understanding the background of the legislative reform of the modern trusts of land legal system in Britain can we deeply understand why it has today's legal structure,legal status and function.In this paper,the factors that hinder the effective use and free transfer of trusts of land are summarized as follows.First,before the modern reform,the beneficial right of trusts of land has a strong property right,and the superposition of its dual ownership structure causes the conflict of disposition right.Second,before the modern reform,the main form of trusts of land--family land grant trust(which controlled most of the land in Britain)had a complex legal structure,which was not conducive to the effective use of land and free disposal.Third,before the modern reform,the main function of trusts of land was to inherit family land in a complete and undivided way and provide living security for family members.Its function determined that it was impossible to give the legal subject full right of disposal.The superposition of these factors makes the land in the trust unable to meet the needs of modern economic and social development for land improvement and free circulation,which makes a few families monopolize most of the land,resulting in high land rent and indirectly raising the production cost of the whole society.The prelude of modern reform--the transformation of trusts of land law in the 19 th century laid the ideological foundation,legislative foundation and legal practice foundation for modern reform.That freedom of thinking during this period,land transactions,to break the monopoly of land the thoughts,to encourage the farmer own land thoughts,and explores a variety of legal reformers reform path: land registration,simplify the private contract transfer,in the reform of land property right system reform and real estate movables assimilation thoughts also have been published.Parliament gradually passed some legislative reforms to intervene in the family land grant trust,giving the legal subject full disposal power.At the same time,the land sale trust,a chattel tool of real estate,developed,and the court recognized the beneficial right of land sale trust as chattel rather than real estate of real right.These reforms laid a good foundation for the establishment of modern trusts of land legal system in the legislative reform of 1925.Nevertheless,trusts of land in this period still did not fully meet the social needs of free land transfer.The principle of knowledge in the court of equity makes the beneficial right of trusts of land have the property right nature,and the complexity of the property right system,the object of trusts of land,has not been changed.Trusts of land is still an important obstacle to the effective use and free disposal of land.The series of property law legislation in 1925 was the culmination and final result of a century of reform.They came into effect on January 1,1926,marking the formation of the modern trusts of land legal system.The legislative reform in 1925 marked the establishment of the modern trusts of land legal system.The main spirit of its legislation is to remove the legal system that hinders the free transfer of land.Establish two main types of trusts of lands: strict setllemen and trust for sale,and legislate their respective legal structures and properties;Endow the legal subject of trusts of land with full right to dispose;Remove the property right of beneficial right of trusts of land(ownership in equity).Through doctrine of conversion and overreaching principle,the beneficial right of trusts of land is regarded as the right to income from land sales rather than the right to land itself.Apply the results of the reform to all co-ownership relationships to remove the obstacles to the transfer of property caused by co-ownership.The legislative reform in 1925 brought revolutionary changes to the trusts of land law,which played an important role in the history of British property law,land law and The legal system of trusts of land.Although some amendments were made at the end of the 20 th century and the beginning of the 21 st century,the main contents of these laws are still valid.The property law,land law,basic model of land trust and legal system established by these laws have been continued till today.Almost any modern book and textbook on British land law will discuss the 1925 legislative reform.The joint action of public and private law has produced profound social influence.The legislative reform in 1925 successfully achieved the goal of promoting land transfer.The 1925 legislation was mainly reform in the field of private law,guaranteeing freedom of disposal and the safety and efficiency of land transfer.The reform in the field of public law complemented the legislative reform in 1925.These public law reforms mainly include the increase of inheritance tax,the nationalization of land development right,the supervision of farmland use,and the special protection of lease rights and interests.Under the influence of the reform of public law,real estate is divided to sell and the size of Great Britain from agriculture is given priority to with leasing management to give priority to with their own business,residential from leasing primarily to give priority to with their own,whether agricultural management or residential,before the reform of ownership rate less than 10%,after the reform are gradually rose to more than 70%.With the change of land ownership mode,some factors in the legal system of modern land trust established by the legislative reform in 1925 began to be incompatible with the reality of economic and social life,triggering a new round of modern reform in the late 20 th century and early 21 st century.The new round of reform reflects the contemporary development of the legal system of land trust in Britain.It inherits and carries forward the legislative spirit of guaranteeing and promoting the freedom of land transfer,and embodies the reform orientation of balancing multiple interests.The new round of reform unifies the concept and type of land trust;Further improve the legal subject's right of punishment;Moderate amendment was made to the tendency of overemphasizing the exchange value of beneficial rights of land trust and denying the use value comprehensively in the 1925 legislation.The principle of balancing the rights and interests between the beneficiary's right of possession and the creditor is stipulated,which makes the exercise of the court's discretion have the guiding principle.The legislative reform in the new century has not changed the property right system,basic model and basic system established by the 1925 legislation.Two legislative reforms realized the transformation from modern land trust to modern land trust.The shift reflects the following trends.First,land trust property right--the land property right system from complex to simple;Second,the transfer of land property rights from restriction to freedom;Third,the service objects of land trust are from aristocrats to commoners.Fourth,encourage and promote the land owners who are not engaged in agricultural production to withdraw from the ownership relationship,which has an impact on the agricultural operation mode from leasing operation to self-owned operation;Fifth,farmland trust from private benefit to public benefit;Sixth,the nature of beneficial right of land trust changes from "right of property" to "right of human rights",and then from emphasizing "exchange value" to moderately recognizing "use value".Seventh,the land trust from the case law to the coexistence of statutory law and case law,statutory law has achieved a pivotal position.Two legislative reforms have achieved success,and their experience can be summarized as follows.Firstly,the land property right system is simplified to lay the foundation of property law for the establishment of modern The legal system of trusts of land.Second,systematic reform.The two legislative reforms adopted the strategy of systematic reform.In 1925,six laws were enacted together in the legislation.Third,endow the legal subject with appropriate right of punishment;Fourth,we should take into account the interests of various parties.The legislative reform in 1925 gave priority to efficiency,and also took into account the interests of trust beneficiaries,as well as the interests of real estate transfer lawyers.Fifthly,the chattel of real estate property right liberates the bondage of land rights and real estate owners;Seventh,the reform of public law is coordinated with systematic progress.The modern legislation reform reflects the status and function of land trust in Anglo-American law system.The research of this paper shows that land trust is the source of modern trust law.After the prosperity of chattel trust in modern times,land trust still has an important position;Modern land trust has a profound impact on modern trust,which determines the basic mode of modern trust and is the direct source of modern family trust law.Land trust has a profound impact on the Anglo-American "property law",which makes the Anglo-American property law characteristics,so that the Anglo-American property law does not need to introduce the civil law technology of the continental law system;Modern land trust is a common basic principle in dealing with real estate in Britain.Modern land trust guarantees the independence of women's property rights and women's housing rights;Modern public land trust plays an important role in protecting rural landscape and natural environment.Based on the summary and analysis of the empirical rules and status of the development of the land trust legal system in Britain,this paper compares the reform of the relevant legal system between the land trust in Britain and the economic and social development of China in the new era,and analyzes its reference significance for the reform of the relevant legal system in China.The legal system of land trust in Britain is an integral part of the property law,land law and trust law.In this aspect,three issues are mainly investigated.One is whether the "dual ownership" of British trust is in conflict with the "one property and one right" of China's property law.Third,whether the special protection of beneficial right and right of residence of trust has reference significance to our country's legal practice.Conclusion is that,in these aspects,the land law,property law,trust law and the contemporary law theory and legal practice in our country there is no substantive conflict,but in many ideas and rules with the same effect,therefore,as the civil law of our country,comparing with the British land law,property law,trust law has the feasibility and desirability for reference.This paper analyzes the Chinese contemporary rural land reform and the reform of the land trust modern problems facing the intercommunity and not gay,so as to draw inspiration from the land trust legislation reform and reference: one is that the British experience: to promote the land transfer,giving law subject appropriate disposition-China plan: the implementation of the right of collective land ownership,allowing flexibility of land;Second,British experience: including beneficial rights of land trust--China's plan: stabilize contracting rights and establish a paid withdrawal mechanism for contracted management rights;Third,the British experience: systematic reform--China's plan: reform of the property law,civil code,land registration law,tax law and other related systems;The fourth is to re-recognize the farmland trust in China,distinguish the trust relationship and lease relationship,highlight its financing advantages and limit its undesirable tendency;Fifth,the reform of public law is advanced,including the urban-rural integration of land and real estate tax,the protection of leasehold,and the control of agricultural land.As the wealth of Chinese households increases,the need for family trusts is growing.Inspired by the predecessor of family trust--British land trust,this paper analyzes the unique value function of modern family trust,and analyzes the necessity of developing family trust in the new era,the basis of legal reform and the path of further reform.