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The Jurisprudential Bases Of China's Rural Land Trust And The Formation Of The Concrete Systems Of The Trust

Posted on:2008-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ZhongFull Text:PDF
GTID:2166360218960785Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years, the rural land trust has more and more practical cases in more and more big scales in China's rural areas, which have contributed much to our country's rural economic development. However, the theory of rural land trust in our country is nearly blank. The purpose of this paper is to discuss the jurisprudential bases of China's rural land trust and to form the concrete systems of the trust that accords with the situations in our country relying on the current legal frameworks.The whole paper consists of three big parts, that is, foreword, text and conclusion, of which, the text part includes four parts.The foreword, starting from the practices of rural land trust in our country's rural areas, accounts for the topic of this paper.As for the text, part one introduces the import background of rural land trust in our country. First, the part begins with the current situation of the use of our country's land and the economic globalization to explain the necessity of the move of land contractual management right; then it introduces the main methods and their limitations of land contractual management right move in our country and gives the objects.Part two clarifies the meaning and system value of rural land trust with land contractual management right as trust properties; then it is the detailed analysis of the basic meaning of rural land trust to make out the essence and system advantages of rural land trust; lastly, the part ends with the analysis of feasibility of carrying out rural land trust in our country upon the policy and legal bases.Part three analyzes the most basic and the core issue in rural land trust– the rights and obligations of subjects in legal relationship of rural land trust. This part analyzes respectively the rights and obligations of the trustor, trustee and beneficiary with the framework of the Trust Law of P.L.C. and focusing on the characteristics of land contractual management move. The end is the brief summary.Part four analyzes the possible risks of our country's rural land trust system and puts forward various defending measures. In the part, risks includes the subject risks, market risks and operational risks; defending measures include legal regulation framework, functions of agency service institutions, construction of information disclosure system, perfection of market competition mechanism and establishment of supervisory systems and so forth.The conclusion part makes a brief summary of the whole paper and makes expectations for the future of rural land trust research; meanwhile, this part narrates simply the areas that this paper does not analyze or analyze insufficiently.The research methods of this paper mainly include jurisprudential hermeneutic method, comparative research method and historical research method.
Keywords/Search Tags:land contractual management, right rural land trust, rights and obligations, risks and defending
PDF Full Text Request
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