Study On The Legal Issues Of Rural Land Trust

The agriculture is the foundation of national economy in our country, the core of agriculture question is the land .The rural land system is the key to affect the agriculture to synergize, the farmer's income additionally to increase,and the countryside to remain stable .Moreover it also has the pivotal function to the entire social economy development. With the in-depth market economy and the continual development of rural economy,the small-scale peasant-household management in the Form of the family united contract in our country doesn't adapt to the developing need of the large-scale agriculture of modernization,industrialization and specialization. So, the transference of the right of the contracted land operation comes into being to comply with the tendency of the development of the modern agriculture. While they are seeking a new mode of the contracted land transference, the peasants in the developed economy area led the trust system into the transference of the rural contracted land. Therefore,the rural land trust comes into being in our country.Shaoxing City in Zhejiang Province was the first region which led that rust system into the transference of the rural contracted land. Practice has proved that the rural land trust can not only effectively overcome the defects of current rural land transfer modes, but also benefit to large-scale and professional development of agricultural production. Furthermore,it can make the limited land resources in the Rural area utilize fully and effectively, which can promote the development of rural productivity. There are many shortcomings in current land trust operation This article which takes the countryside land system as the research object and takes enhancing the farmland management benefit maximumly,guaranteeing the farmland resources to be used highly effective as the goal,adopt the method of unifying the theory and the real,analyzes respectively the rights and obligations of the trustor, trustee and beneficiary with the framework of the Trust Law of P.L.C. systematically elaborated the land trust system which can adapt national condition should be established in our countryside. the operation theory of this system is the Peasant household gives the trust company (trustee) the land who has the contracting right to manage land(trust property),then trust company should be with the good intentions and the discrete principle,and assigns regularly the benefits to the peasant(beneficiary).This article also analyses the related measures construction for developing the trust system. The internal measures include: establishing land trust registration system; establishing perfect supervising and managing system,functions of agency service institutions. In one word,1 wish this article can provides some trifle reference to the theory and the practice research work of our countryside land system reformation.