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A Study On The Legal System Of Rural Land Contractual Management

Posted on:2016-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:L W FengFull Text:PDF
GTID:2206330461958814Subject:Economic law
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Rural Land Contractual Management Right Trust is a new thing under the innovation of rural land system in China. Since the establishment of “Household Contract Responsibility System” in 1980 s, farmers’ enthusiasm for production had greatly mobilized and the development of economy had greatly promoted. But as with the acceleration of the urbanization process and rapid economic development in China, a lot of the agricultural labor force in rural turn to secondary and tertiary industries. Especially in these two years, the “shortage of migrant labors” and the great improvement of migrant labors’ treatment and salary attract many rural labors to go outside to work, leaving many lands out of cultivation and wasted. Meanwhile, there is a lack of specific legal guidance about the current land transfer method; the land system can’t meet the requirement of the agricultural industrialization. Therefore, transplanting trust, this effective way of property management into China’s rural land reform solved many problems, such as, the disorder of the rural land circulation, land unused and the reduction of the land use value. Many Rural Land Contractual Management Right Trust models appear in many areas, but they’re still at the very beginning stage, so many problems appear, especially in the aspects like trust register, the choice criteria of trustee and supervision of trustee. In order to make the Rural Land Contractual Management Right Trust play an effective role in the reform of rural land system, standardization and illegalization are needed. The perfection and improvement of Rural Land Contractual Management Right Trust have to be targeted; the legal mind of marketization should be established under the principle of voluntariness and impartiality; learn from the legal system experience about Rural Land Trust from the U.S and Japan, to unceasingly improve our country’s Rural Land Contract and Management Trust System and make it onto the road of legislation.Besides introduction and conclusion, this essay consists of five parts. The first part: the theoretical foundation of Rural Land Contractual Management Right Trust legal system. Specifically, in contains the clear definition and the feather of Rural Land Contractual Management Right Trust and highlights the function of the Rural Land Contractual Management Right Trust. The second part: the application and model of Rural Land Contractual Management Right Trust. In this part, we select some representative models of Rural Land Contractual Management Right Trust to summarize and they’re Shaoxing Zhejing, Yiyang Hunan, CITIC Trust-Anhui and Beijing Trust-Wuxiyangshan. The third part: the main legal problems in the practice of the Rural Land Contractual Management Right Trust. There’re mainly three problems in the practice of Rural Land Contractual Management Right Trust: the shortage of trust registration; trust subject lacks of standardization and the shortage of supervision. The forth part: the successful example and implication about the practice of land trust system overseas. It mainly introduces the land trust management model and legal system of the counties of the U.S, Japan and the implication to the legislation of our country’s Rural Land Contractual Management Right Trust system. The fifth part: the improvement of Rural Land Contractual Management Right Trust legal system. Three principles should be firstly observed in the improvement of Rural Land Contractual Management Right Trust system: pertinence principle; fairness principle and preferential principle. Secondly, the measures of trust registration, intermediary service, financial support, legal supervision and rural social security system should be established correspondingly to make sure Rural Land Contractual Management Right Trust develops regularly and healthily and to realize the standardization and legalization of Rural Land Contractual Management Right Trust legal system.
Keywords/Search Tags:Trust, Land Contract and Management Rights, Land transfer, Trust registration, Supervision
PDF Full Text Request
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